Drafting Family Law Agreements
Secure your financial future with legally binding Separation, Marriage, and Cohabitation agreements.
A Family Law Agreement is more than just a piece of paper; it is a roadmap for how a relationship will be managed or how assets will be protected after a relationship ends. While Clicklaw BC defines the basics, ensuring these contracts hold up in court requires professional legal drafting.
Expert Agreement Drafting by Hillside Law
Based in Penticton, BC, our firm specializes in the financial architecture of relationships. We move beyond “kitchen table agreements” to create enforceable contracts that protect your assets.
⚠️ The “Template Trap”: Why Downloadable PDFs are Risky
Many British Columbians search for “Separation Agreement Template BC” hoping to save money. However, for an agreement to be binding in BC, it requires two critical elements often missing from DIY templates:
- Full Financial Disclosure: If assets are hidden or undervalued, the agreement can be overturned years later.
- Independent Legal Advice (ILA): Both parties typically need their own lawyer to review the document to ensure they understand their rights. Without this, a judge may view the agreement as unfair.
Don’t risk your financial future on a generic form. We ensure your agreement meets all BC Family Law Act requirements.
Types of Agreements We Draft
1. Separation Agreements
When a marriage or common-law relationship breaks down, you are considered “separated” immediately—you do not need to see a judge. However, untangling your life requires a contract.
A Separation Agreement is a legally binding contract that settles:
- Property Division: Who keeps the house, the cabin, or the investments?
- Pension Division: How to split CPP and private pensions.
- Debt Allocation: Who is responsible for the mortgage or credit cards?
- Spousal Support: determining fair amounts and duration.
2. Marriage & Prenuptial Agreements
Known commonly as a “prenup,” a Marriage Agreement allows you to decide how assets will be divided before a conflict arises. This is essential for individuals entering a marriage with existing real estate, business interests, or significant savings. It provides certainty and protects pre-relationship assets from future litigation.
3. Cohabitation Agreements (Common Law)
In British Columbia, common-law couples gain similar property rights to married couples after living together for two years. A Cohabitation Agreement allows you to opt-out of certain default rules, keeping your finances separate if you choose.
Our 4-Step Process: How to Finalize an Agreement
- Consultation & Strategy: We review your unique financial picture.
- Financial Disclosure: We help you exchange sworn financial statements with your partner (mandatory in BC).
- Drafting & Negotiation: We write the terms to protect your interests and negotiate with opposing counsel if needed.
- Independent Legal Advice (ILA): We sign off on the certificate ensuring you understand the contract, making it legally durable.
Important Scope of Practice
We focus exclusively on financial protection. Our Family Law team specializes in asset division, debt resolution, and spousal support.
Please note: We do not negotiate or litigate child custody (parenting time) or child support terms. This focus allows us to provide the highest tier of service regarding your property and financial security.
Cost & Getting Started
Avoid the uncertainty of hourly billing for drafting. For many standard agreements, Hillside Law offers flat-fee pricing so you know exactly what to expect.
Ready to draft a binding agreement?
Contact our Penticton office today to set up a consultation.
