04 Dec Bc Family Law Prenuptial Agreement
One of the best ways to achieve fairness is for each party to have independent legal advice from a B.C family lawyer prior to the signing of the agreement. These include any party who meets with his or her own family lawyer for advice on what cohabitation or marriage agreement means, on the rights and obligations that the agreement grants to each party, and on the impact of the agreement on other legal issues. The independent legal advice of a family lawyer does not guarantee that a marriage agreement will be enforced by the courts when challenged under the B.C. Family Law Act, but it significantly reduces the risk. While such legislation will help protect many people when their common law relationship is over, B.C.`s unique legislation for others could come as a shock. Experts say that unmarried couples who live together or who have a common child should consider entering into a cohabitation agreement that, like a marriage agreement, can cover the division of ownership at the end of the relationship. To give you an idea, the cost of the trial version, if you do not have a BC marriage agreement, of 50,000 t0 250,000 $US. So invest in a BC marriage deal, because it makes sense as you can imagine. The cost of the BC Prenuptial Agreement ranges from $2,500 to $10,000, plus taxes, depending on the complexity of your case. Think, for example, what would happen if Bob Becky got married when he was 65 and she was 32. They signed a marriage contract that prevented Becky from asserting any interest in Bob`s wealth.
If they divorced five years later, the agreement would probably be considered fair. However, if the couple were married for 25 years, when the heir was terribly ill and Becky gave up his job to care for him, the agreement could no longer be considered fair under S. 65. Section 120.1 of the Family Relations Act specifically includes life unions under section 65 (1). In 2005, the British Columbia Court of Appeal reviewed the Hartshorne decision regarding an agreement between Johnstone and Wright.  In short, the court stated that hartshorne maintains the integrity of the private agreement and allows interference only if “things do not end as the parties expected.”  Prenups define the legal parameters of the relationship without the need for family law.