Independent Legal Counsel: Ensure that each spouse advises on the importance and consequences of the agreement by his or her own independent counsel. In addition, lawyers who provide independent legal advice must attend the signatures of the parties on the matrimonial agreement and sign certificates of independent legal advice. If you want to enter into a marriage or life pact, you can write down some general ideas and expectations with your partner. Then you can either prepare a written agreement based on these notes or have the agreement designed by a lawyer. BC marriage contracts are agreements made by couples who are not yet married or who are actually married. The BC Family Act stipulates that a valid BC marriage contract 1) must be certified in writing and 2) by at least one person. If the agreement meets these criteria, it is classified as a marriage contract, but there is no guarantee that it will ever be respected or that it will not be successfully challenged. Do you know the law: any spouse should be well informed about the law of cohabitation and marriage contracts. The Divorce And Family Laws indicate when and why spousal assistance should be paid and how family ownership and debt should be distributed. You know how family law deals with these different areas and make sure that each spouse knows what he or she is giving up. A marriage or life pact can also cover what happens during the relationship.
It could, for example, say how household or budgetary expenditures are managed. (a) a spouse has not disclosed any essential facts or liabilities or any other information relevant to the negotiation of the agreement;b) a spouse has improperly exploited the vulnerability of the other spouse, including the ignorance, defect or distress of the other spouse;c) a spouse did not understand the nature or consequences of the agreement;d) any other circumstance that would lead to non-compliance of a contract under the Common Law. If you are considering a marriage or cohabitation agreement, the Vancouver family`s lawyers at Crossroads Law offer packages for these agreements and a free half-hour consultation. Contact us at the number below or at the email address to set up a consultation with a vancouver family lawyer. In BC, a court may set aside part or all of a marriage or cohabitation agreement. This can happen if it turns out that the agreement is significantly unfair. One of the main concerns in the development of a marriage or cohabitation agreement in British Columbia is the issue of fairness. Because to be applicable in British Columbia, a marriage agreement must be a test of fairness.
The fairness test is in section 93 www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html of the B.C. Family Law Act Act, which states that these agreements apply to all those living in a married couple, in a common law relationship or in a cohabiting couple. They may even contain clauses that say they remain valid if the status of the relationship changes from cohabitation to common law to marriage.