Other Family Law
The law in British Columbia states that people who live together may be responsible to share assets and to support each other or their children in the event of a separation. A cohabitation agreement allows you to create a contract, which states whether or not you wish to share your assets and to set out your wishes in regard to supporting each other or your partner’s children in the event of a separation.
PRE-NUPTIAL AGREEMENTS/MARRIAGE AGREEMENTS
Prenuptial and marriage agreements are the same thing. The law in British Columbia creates specific obligations for married people in regard to the division of assets and maintenance. A marriage agreement is a contract signed by a couple who either are about to marry or are already married and it sets out your wishes in regard to the division of assets and maintenance responsibilities for spouses and children in the event of separation or divorce.
A separation agreement is a contract which you sign after deciding to separate and it sets out who gets which assets, who will be caring for your children and any child or spousal maintenance responsibilities.
In British Columbia, a divorce can be obtained once you and your spouse have been separated for one year. A divorce can be obtained sooner if one person has committed adultery or there has been any mental or physical abuse. It takes three to four months to complete the divorce after the year has expired. Usually, couples will set out their financial obligations and the division of their assets in a separation agreement prior to obtaining a divorce and the divorce is obtained simply to dissolve the marriage.