Marriage Contract (British Columbia) by OLL
Establish how property, debt, and support are managed between spouses in British Columbia if their marriage ends. This template provides options for opting out of default equal division regimes and requires mandatory financial disclosure and independent legal certificates.
This document comes from OLL's library of vetted legal templates
MARRIAGE AGREEMENT
This template is for two people in British Columbia who are married to each other, or intend to marry, and want to agree in advance how property and support will be handled if the marriage ends. British Columbia's Family Law Act does not use Ontario's specific term "marriage contract" — it refers more generally to agreements between spouses respecting property, debt, and support, and the same Act governs married spouses and qualifying unmarried spouses under a single framework. VERIFY the current terminology British Columbia legislation and precedent actually use before assuming "marriage agreement" is the precise term of art, rather than simply the clearest plain label. It is not for an unmarried couple with no immediate plan to marry (use cohabitation-agreement) and not for people who have already separated (use separation-agreement). Not suitable for use in Quebec.
Drafting notes appear in italics and are to be deleted before execution. Square brackets mark information to be filled in. Delete any inapplicable optional clauses and Parts, then renumber, before execution.
⚠️ This Agreement can be set aside. A court can set aside all or part of an agreement dividing property, debt, or support — including this Agreement — where it finds significant unfairness having regard to matters such as a failure to disclose significant property, debt, or income, or where a Party did not understand the nature or consequences of the Agreement. British Columbia's Family Law Act sets out the grounds. VERIFY the exact section number, current statutory wording, and the current "significant unfairness" test before this warning is treated as settled — the citation registry flags this as unconfirmed. Complete and exchange the financial disclosure at Schedule A honestly and completely, and do not rely on this Agreement being effective until each Party has had a genuine opportunity to obtain independent legal advice.
⚠️ Do not port Ontario's matrimonial-home rule into this template. Ontario's Family Law Act specifically prohibits spouses from contracting out of the equal right of possession of the matrimonial home, and any marriage contract term purporting to do so is unenforceable there. I have not confirmed that British Columbia's Family Law Act imposes the same absolute prohibition on possession-limiting terms for the family residence. Section 4 is therefore drafted to let the Parties address the family residence's ownership, equity treatment, and (unlike the Ontario template) possession, but flags this as an open question rather than either asserting BC permits it or silently importing Ontario's bar. VERIFY the current BC rule before advising the Parties on what section 4 can validly do.
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About this template
What is this template?
This is a domestic contract drafted specifically for the British Columbia legal framework. It contains mandatory schedules for financial disclosure and independent legal advice certificates, which are necessary for enforceability under the Family Law Act. It is not a cohabitation agreement for unmarried couples or a separation agreement for parties who have already split.
When should you use it?
Use this document when planning a marriage in British Columbia or during an existing marriage to protect separate assets from equal division. If you are not yet married and have no immediate wedding date, use a cohabitation agreement instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 2 | Financial Disclosure | Requires each Party to provide a sworn statement of assets, debts, and income as of a specific Disclosure Date. |
| 3 | Family Property Division on Separation | Provides options to either opt out of default division or vary the Family Law Act default regime for specific assets. |
| 4 | Family Residence | Permits the Parties to specify ownership, equity treatment, and possession of the family home, subject to British Columbia statutory limitations. |
| 5 | Spousal Support | Offers a choice between a mutual advance release of support or a formula-based cap on support duration and amounts. |
| 7 | Child Support and Parenting Arrangements | Expressly states that child support cannot be waived and excludes parenting time provisions to ensure the agreement's enforceability. |
| 10 | Independent Legal Advice | Mandates that each Party obtain advice from a separate lawyer, documented by the certificates in Schedule B. |
Who it's for
- a couple in British Columbia intending to marry and pre-define property rights
- married spouses in BC wishing to opt out of the Family Law Act division
- parties in BC requiring a formal waiver of future spousal support claims
How long it runs and how it's signed
Law it's drafted under
Canada note
This version is drafted for Canada. Provinces differ on employment standards and Quebec applies civil law rather than common law. Tell GitLaw which province applies and it adjusts the draft.
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