There are a large number of other factors to consider before entering into BC marriage contracts. Contact us to help you with your BC marriage contract, which may save you property in the future. One of the best ways to achieve fairness is that each party must obtain independent legal advice from a B.C family lawyer before signing the agreement. To do this, each party meets with its own family lawyer to get advice on what cohabitation or marriage contract means, on the rights and obligations of each party`s agreement, and on the impact of the agreement on other legal issues. Obtaining independent legal advice from a family lawyer does not guarantee that a marriage contract will be enforced by the courts when it is challenged under the British Columbia Family Law Act, but it does significantly reduce the risk. Under the Family Act, any agreement on education or maintenance is binding only if it is entered into, if the parties are about to separate or after they actually do so. One of the main concerns in developing a marriage contract or concubine agreement in British Columbia is the issue of fairness. This is because a marriage contract to be applicable in British Columbia must meet the fairness test. The fairness test is set out in the British Columbia Family Law Act in section 93 www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html, which says no.
There is no legal requirement that you have a marriage contract if you plan to marry someone. (Or a concubine agreement if you plan to live with someone.) They cannot be forced to sign one. A court can overturn an agreement that pushed you. .