The agreement you make before or after the start of living together cannot deal with educational problems (e.g. B parental leave and parental responsibility) and assistance to children after separation. Before entering into a life contract, you and your spouse need to sit down and make a list: if you write, sign and deign your own contract. If it is a property or a spousal pension, at least one other person must (observe) sign you. The same person can be a witness for both spouses. The witness signs and dat the agreement. It may be easier to agree on these things if you make a written agreement before you start living together. These agreements are referred to as cohabitation (cohabitation without marriage, sometimes referred to in a common law relationship) or as marriage agreements. Not all relationships last forever.
But the law can help. A marriage contract or a concubine contract can define how couples deal with problems that arise at the end of their relationship. These types of agreements can also cover what will happen during their relationship. Learn more about these agreements. Marriage contracts are contracts signed by couples either before marriage or shortly after. Most marriage contracts are designed and signed well in front of the wedding date, and this type of timing is usually a very good idea. Marriage contracts are usually supposed to deal with legal issues when the marriage breaks down, but they can also handle the way day-to-day things are handled during the marriage. This may seem unnecessary.
As a general rule, both parties entering into a marriage or cohabitation contract must be independently advised before signing the contract (advice from their own lawyer). Typically, a marriage or concubine agreement talks about how property and debt are managed during the relationship. Each type of agreement also talks about how property and debt are shared when the couple separates. Sometimes they also say whether alimony is paid when the relationship ends.  After finding that the marriage contract is working unfairly, Article 65(1) allows the court to divide the family property into shares. If such an allocation cannot remedy the abuse found, Article 65(2) may order the court to transfer another property to the other spouse. In the recent decision of the BC Appeal Court in H.S.S. v. S.H.D. the BC Court of Appeal has verified the two-step test for the variation of bc marriage agreements. There are two ways to attack marriage contracts, but on this blog we focus on different agreements instead of putting them aside for lack of independent legal advice, ruthless coercion, or fraud. In HSS vs.
SHD, the Court of Appeal ordered new proceedings as to whether the marriage contract should be amended because a woman had raised children to the detriment of her career. Contact us for legal advice on a marriage contract in BC In BC, a court can annul all or part of a marriage or concubine contract. This can happen if the deal turns out to be significantly unfair.  Hartshorne is the main case of the application of Article 65(1) in the case of property covered by a marriage contract. In that document, Bastarache J. provided full justifications in which he set out the fundamental principles and appropriate approach to redistribution in the event of a marriage contract. He noted that British Columbia`s marriage contract legislation is different from that of other provinces by setting a lower threshold – « fairness » – for judicial intervention in such agreements. Talk about how you want to manage property, savings, debt, and spouse assistance if you separate….