Prenuptial agreement
Prenuptial agreement is a US term. In BC, the equivalent is a marriage agreement or cohabitation agreement: a family agreement made before or during a marriage or marriage-like relationship that sets out how property and debts will be divided if the relationship ends.
How BC law treats it
Family agreements are governed by the Family Law Act, SBC 2011, c 25. A court may set aside or replace a property division agreement that is significantly unfair or was made without proper disclosure or under pressure (s. 93); independent legal advice is not strictly required, but its absence is a relevant factor.
What it means for your business
A business owner can use such an agreement to address how a company or its shares will be treated on separation.
Risks and common mistakes
An agreement signed without full financial disclosure is vulnerable to being set aside.
Browse the full Fulcrum Law Dictionary for related terms.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
