Marriage Agreements - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-19T23:25:12Z

Clicklaw directory link edit

← Older revision		Revision as of 23:25, 19 August 2024
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	\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]		\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]
	}}		}}
	{{~~Clicklawbadge~~		{{LSSbadge
	\| resourcetype = ~~<br/>more resources dealing with<br/>~~		\| resourcetype = information on
	\|link = [https://~~www~~.~~clicklaw~~.bc.ca/~~global~~/~~search?k=marriage%20agreements marriage~~ agreements]		\|link = [https://family.legalaid.bc.ca/bc-legal-system/legal-forms-documents/agreements Separation Agreements]
	}}Marriage agreements are contracts signed by people either before they marry or shortly afterwards. Most marriage agreements are prepared and signed well before the date of that marriage, and that kind of approach to timing is usually a very good idea. Marriage agreements are normally intended to deal with some of the legal issues that may arise if the marriage breaks down, but they can also deal with how day-to-day things will be handled during the marriage.		}}
			Marriage agreements are contracts signed by people either before they marry or shortly afterwards. Most marriage agreements are prepared and signed well before the date of that marriage, and that kind of approach to timing is usually a very good idea. Marriage agreements are normally intended to deal with some of the legal issues that may arise if the marriage breaks down, but they can also deal with how day-to-day things will be handled during the marriage.

	This section discusses when and why marriage agreements are usually entered into, the legal requirements of a valid marriage agreement, and the possible subjects of a marriage agreement.		This section discusses when and why marriage agreements are usually entered into, the legal requirements of a valid marriage agreement, and the possible subjects of a marriage agreement.
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	===Links===		===Links===

	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4653 Legal~~ forms ~~and~~ documents] from Legal Aid BC		*[https://family.legalaid.bc.ca/bc-legal-system/legal-forms-documents/agreements Agreements] from Legal Aid BC, see "Making an agreement when you live together" and "Who can help you reach an agreement?"
	**Under "Agreements" see "Making an agreement when you live together"
	*[https://www.clicklaw.bc.ca/resource/4653 Legal forms and ~~documents] from Legal Aid BC~~
	**Under "Agreements" see "Who can help you reach an agreement?"

	===Resources===		===Resources===

	*[https://~~www~~.~~clicklaw.bc~~.ca/~~resource~~/~~1259~~ Marriage Agreements and Cohabitation Agreements] from Dial-a-Law by the People's Law School		*[https://dialalaw.peopleslawschool.ca/marriage-agreements/ Marriage Agreements and Cohabitation Agreements] from Dial-a-Law by the People's Law School
	*[~~http~~://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~1058 "~~Living Together or Living Apart"] ~~from Legal Aid BC~~		* [https://family.legalaid.bc.ca/resources/living-together-or-living-apart Living Together or Living Apart]
	** See chapter 2 on making agreements		** See chapter 2 on making agreements
	*[https://~~www.clicklaw~~.bc.ca/~~resource~~/~~2627~~ Family Law in BC: Quick Reference Tool] from Legal Aid BC		*[https://legalaid.bc.ca/publications/pub/family-law-bc-quick-reference-tool Family Law in BC: Quick Reference Tool] from Legal Aid BC

Nate Russell: From staging 2024

2024-01-12T21:18:51Z

From staging 2024

← Older revision		Revision as of 21:18, 12 January 2024
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	{{JP Boyd on Family Law TOC\|expanded = agreements}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = agreements}}{{JPBOFL Editor Badge
			\|CoAuthor = [[Beatrice McCutcheon]]
	\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]		\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]
	}}		}}
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	{{REVIEWED \| reviewer = [[~~JP Boyd~~], ~~March 15, 2021~~}}		{{REVIEWED \| reviewer = [[Beatrice McCutcheon]], 22 November 2023}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Nate Russell at 22:04, 23 June 2022

2022-06-23T22:04:44Z

Show changes

Nate Russell at 20:34, 31 July 2019

2019-07-31T20:34:59Z

← Older revision		Revision as of 20:34, 31 July 2019
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	* [https://clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Legal forms & documents"]		* [https://clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Legal forms & documents"]
	**Under "Agreements" see "Who can help you reach an agreement?"		**Under "Agreements" see "Who can help you reach an agreement?"
			*[http://www.clicklaw.bc.ca/resource/1058 Legal Services Society's ''Living Together or Living Apart''], chapter 2 on making agreements
	* [http://www.clicklaw.bc.ca/resource/1058 Legal Services Society's ~~‘‘Living~~ Together or Living Apart,’’ chapter 2~~, Making Agreements]~~		*[http://www.clicklaw.bc.ca/resource/1259 Dial-A-Law Script "Marriage Agreements and Cohabitation Agreements"]
	*[http://www.clicklaw.bc.ca/resource/1259 ~~Canadian Bar Association BC Branch:~~ Script ~~on marriage agreements~~ and ~~cohabitation agreements~~]

Nate Russell at 18:43, 30 July 2019

2019-07-30T18:43:39Z

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	If a marriage agreement is appropriate and desirable, the people involved will negotiate the terms of the agreement and one or both of the parties will draft a written agreement. As with all family law agreements, it is important that both parties make complete financial disclosure and get independent legal advice about what exactly the agreement means, how it affects their present rights and responsibilities towards one another, and how it will impact on those rights and responsibilities if the marriage comes to an end. Getting independent legal advice makes the agreement harder to change later on by preventing one spouse from saying "I didn't know what it meant" or "she had the lawyer, not me."		If a marriage agreement is appropriate and desirable, the people involved will negotiate the terms of the agreement and one or both of the parties will draft a written agreement. As with all family law agreements, it is important that both parties make complete financial disclosure and get independent legal advice about what exactly the agreement means, how it affects their present rights and responsibilities towards one another, and how it will impact on those rights and responsibilities if the marriage comes to an end. Getting independent legal advice makes the agreement harder to change later on by preventing one spouse from saying "I didn't know what it meant" or "she had the lawyer, not me."

	Remember what s. 93(3) of the ''[[Family Law Act]]'' says about the test to set aside agreements for the division of property and debt (the same principles apply to agreements about spousal support under s. 164(3)):		Remember what section 93(3) of the ''[[Family Law Act]]'' says about the test to set aside agreements for the division of property and debt (the same principles apply to agreements about spousal support under section 164(3)):

	<blockquote><tt>(3) On application by a spouse, the Supreme Court may set aside or replace with an order made under this Part all or part of an agreement ... only if satisfied that one or more of the following circumstances existed when the parties entered into the agreement:</tt></blockquote>		<blockquote><tt>(3) On application by a spouse, the Supreme Court may set aside or replace with an order made under this Part all or part of an agreement ... only if satisfied that one or more of the following circumstances existed when the parties entered into the agreement:</tt></blockquote>

Corinne Shortridge: /* Links */

2019-07-17T17:40:40Z

Links

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	===Links===		===Links===

	* [https://~~admin.~~clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Legal forms & documents"]		* [https://clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Legal forms & documents"]
	**Under "Agreements" see "Making an agreement when you live together"		**Under "Agreements" see "Making an agreement when you live together"
	* [https://~~admin.~~clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Legal forms & documents"]		* [https://clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Legal forms & documents"]
	**Under "Agreements" see "Who can help you reach an agreement?"		**Under "Agreements" see "Who can help you reach an agreement?"

Corinne Shortridge: /* Links */

2019-07-16T16:49:35Z

Links

← Older revision		Revision as of 16:49, 16 July 2019
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	===Links===		===Links===

	* [https://~~familylaw~~.~~lss~~.bc.ca/~~bc-legal-system/legal-forms-documents~~/~~agreements/making-agreement-when-you-live-together~~ Legal Services Society's Family Law website: Making an agreement when you live together]		* [https://admin.clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Legal forms & documents"]
	* [https://~~familylaw~~.~~lss~~.bc.ca/~~bc-legal-system~~/~~legal-forms-documents/agreements/making-agreement-when-you-live-together~~ Legal Services Society's Family Law website: Who can help you reach an agreement?]		**Under "Agreements" see "Making an agreement when you live together"
			* [https://admin.clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Legal forms & documents"]
			**Under "Agreements" see "Who can help you reach an agreement?"

	* [http://www.clicklaw.bc.ca/resource/1058 Legal Services Society's ‘‘Living Together or Living Apart,’’ chapter 2, Making Agreements]		* [http://www.clicklaw.bc.ca/resource/1058 Legal Services Society's ‘‘Living Together or Living Apart,’’ chapter 2, Making Agreements]
	*[http://www.clicklaw.bc.ca/resource/1259 Canadian Bar Association BC Branch: Script on marriage agreements and cohabitation agreements]		*[http://www.clicklaw.bc.ca/resource/1259 Canadian Bar Association BC Branch: Script on marriage agreements and cohabitation agreements]

Nate Russell: /* Legal and formal requirements of a marriage agreement */

2019-07-02T20:06:25Z

Legal and formal requirements of a marriage agreement

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	*A marriage agreement must be in writing.		*A marriage agreement must be in writing.
	*The agreement must be signed by each party, and should be signed in the presence of a witness. Although an agreement made without a witness can still be valid and binding, it is a very good idea to have a witness (or witnesses) because she (or they) can confirm that the parties signed the agreement. In addition, sections 94 and 165 of the ''[[Family Law Act]]'' provide that a court cannot make an order about division of property and debt or spousal support that has been dealt with in a written, witnessed agreement between the parties unless the court has set aside the agreement.		*The agreement must be signed by each party, and should be signed in the presence of a witness. Although an agreement made without a witness can still be valid and binding, it is a very good idea to have a witness (or witnesses) because she (or they) can confirm that the parties signed the agreement. In addition, sections 94 and 165 of the ''[[Family Law Act]]'' provide that a court cannot make an order about division of property and debt or spousal support that has been dealt with in a written, witnessed agreement between the parties unless the court has set aside the agreement.
	*Neither party should be under a legal disability when they sign the agreement; however, ~~children who are parents~~ or ~~spouses may~~ enter into a binding agreement.		*Neither party should be under a legal disability when they sign the agreement. Note, however, that being a minor is not a legal disability in cases where that person is also a parent or a spouse. In such a case, that person can be under the age of majority, but can still enter into a binding agreement.
	*The agreement must clearly identify the parties and the nature of their rights and obligations to one another.		*The agreement must clearly identify the parties and the nature of their rights and obligations to one another.

Nate Russell: /* Entering into a marriage agreement */

2019-07-02T19:52:44Z

Entering into a marriage agreement

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	While a couple might enter into a marriage agreement with the intention of addressing things that could happen during the course of their marriage, more typically these agreements are intended to address the issues that will arise if the marriage breaks down. Marriage agreements are binding on the parties as a legal contract. They may be enforced by the courts if someone tries to escape or change an obligation they have agreed to.		While a couple might enter into a marriage agreement with the intention of addressing things that could happen during the course of their marriage, more typically these agreements are intended to address the issues that will arise if the marriage breaks down. Marriage agreements are binding on the parties as a legal contract. They may be enforced by the courts if someone tries to escape or change an obligation they have agreed to.

	Most couples who marry do not have a marriage agreement. ~~''There~~ is no legal requirement that you must enter into such an agreement if you're getting married. You cannot be forced into a marriage agreement.''		Most couples who marry do not have a marriage agreement. It is important to note that there is no legal requirement that you must enter into such an agreement if you're getting married. You cannot be forced into a marriage agreement.

	===When a marriage agreement is a good idea===		===When a marriage agreement is a good idea===

Corinne Shortridge: /* Links */

2019-06-24T19:01:51Z

Links

← Older revision		Revision as of 19:01, 24 June 2019
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	===Links===		===Links===

	* [https://familylaw.lss.bc.ca/bc-legal-system/legal-forms-documents/agreements/making-agreement-when-you-live-together Legal Services Society's Family Law ~~Website~~: Making an agreement when you live together]		* [https://familylaw.lss.bc.ca/bc-legal-system/legal-forms-documents/agreements/making-agreement-when-you-live-together Legal Services Society's Family Law website: Making an agreement when you live together]
	* [https://familylaw.lss.bc.ca/bc-legal-system/legal-forms-documents/agreements/making-agreement-when-you-live-together Legal Services Society's Family Law ~~Website~~: Who can help you reach an agreement?]		* [https://familylaw.lss.bc.ca/bc-legal-system/legal-forms-documents/agreements/making-agreement-when-you-live-together Legal Services Society's Family Law website: Who can help you reach an agreement?]
	* [http://www.clicklaw.bc.ca/resource/1058 Legal Services Society's ‘‘Living Together or Living ~~Apart’’~~, chapter 2, Making Agreements]		* [http://www.clicklaw.bc.ca/resource/1058 Legal Services Society's ‘‘Living Together or Living Apart,’’ chapter 2, Making Agreements]
	*[http://www.clicklaw.bc.ca/resource/1259 Canadian Bar Association BC Branch: Script on marriage agreements and cohabitation agreements]		*[http://www.clicklaw.bc.ca/resource/1259 Canadian Bar Association BC Branch: Script on marriage agreements and cohabitation agreements]