Process of Getting a Marriage/Cohabitation Agreement
Congratulations on your engagement or on taking the next big step in your relationship! It’s an exciting time, filled with planning and possibility. Amid all the joy, many couples also consider a marriage contract (or cohabitation agreement).
While the idea can sometimes feel daunting, it’s really about building clarity and security for your future together. In this article, we’ll walk through the process step by step, explain why a marriage contract/cohabitation agreement matters, and show how it can actually strengthen your partnership.
Step-by-Step Process:
-
The process begins with an initial consultation at Bard’s Law. This first conversation is about understanding your goals, financial circumstances, and what protections you may want in place.
-
For a marriage contract to be valid, both partners must be completely transparent about their finances. This means listing assets, debts, income, and any other financial obligations. Without full disclosure, the agreement risks being challenged later in court.
-
With full financial disclosure complete, Bard will walk you through potential scenarios and risks—such as separation, death, business growth, inheritances, or major career changes—and explain likely outcomes under the default law. You’ll discuss your priorities and any specific concerns. Based on your instructions, Bard will prepare a first draft of the agreement tailored to address those needs, including how property, debts, and possible spousal support would be handled.
-
Sometimes the first draft needs adjusting. You and your partner may want to add, remove, or clarify certain terms. Lawyers guide this process to keep it constructive and focused on reaching balanced terms both sides can accept.
-
Each partner must have their own lawyer review the contract. This step is not just a formality—it ensures that both people fully understand the terms and that the agreement is fair. Courts look closely at whether each side had independent advice before signing.
-
When both partners are satisfied, the agreement is signed and properly witnessed. At this point, the contract becomes legally binding and enforceable.
Why a Marriage Contract or Cohabitation Agreement Matters
A marriage contract is often misunderstood. It isn’t about planning for divorce or separation—it’s about planning for certainty. Life circumstances change, and couples may face challenges that are easier to navigate with clear expectations in place.
Without a marriage agreement or cohabitation agreement, the default rules of family law will apply. In British Columbia, common-law partners have the same rights and obligations upon separation as married couples, which makes having a clear marriage or cohabitation agreement just as important for both.
These laws may not reflect what you and your partner believe is fair or what makes sense for your unique situation. By creating a marriage contract, you take control of those decisions together.
Some common reasons couples choose a prenup include:
Protecting family property, inheritances, or business assets.
Clarifying how debts will be handled.
Setting expectations around spousal support.
Ensuring financial fairness if one partner steps back from a career to support the family.
Having a well-prepared cohabitation agreement can reduce conflict, protect both partners, and provide peace of mind. Instead of leaving things uncertain, you both know exactly where you stand.
How Bard’s Law Firm Can Help
Because marriage contracts must follow strict legal requirements to be valid, having experienced legal guidance is essential. A lawyer ensures the contract is fair, meets all legal standards, and minimizes the risk of being challenged later.
At the same time, a good lawyer helps keep the process smooth and respectful—so the agreement strengthens your relationship rather than undermining it.
Getting a marriage contract isn’t unromantic, it’s about building a strong foundation for your marriage or relationship. By working with a skilled family lawyer, you can create an agreement that protects both of you and gives you clarity as you begin this new chapter together.
