Separation & Family Law Agreements in Surrey

Why make an agreement instead of going to court?

A family law agreement is a written contract between you and your partner or spouse. It sets out how you will handle property, debt, support, and parenting, either while your relationship is healthy or after it ends. As separation agreement lawyers in Surrey, we draft, review and negotiate these contracts every week, and our mediation practice means many couples finish one without ever seeing a courtroom.

Compared with court, a good agreement offers three real advantages:

• Control. You and your partner decide the terms together. In court, a judge who has never met your family decides for you.
• Privacy. Court files and hearings are largely open to the public. An agreement is negotiated and signed in private.
• Cost. Working out an agreement usually takes far less time and money than fighting the same issues in court.

BC courts generally respect agreements that were made properly. A fair, carefully prepared agreement can give both of you certainty for years to come.

The three types of family law agreements in BC

Cohabitation agreements

A cohabitation agreement is made before you move in with a partner, or while you are already living together. In BC, unmarried couples who live together long enough can take on many of the same rights and duties as married spouses. Our page on common-law relationships explains how. A cohabitation agreement lets you decide in advance how property, debt, and support would be handled if the relationship ended, instead of leaving those questions to default rules.

Marriage agreements

A marriage agreement, often called a "prenup," can be signed before or after you marry. Couples often use one to address a business, an inheritance, property one person brought into the relationship, or responsibilities to children from an earlier relationship. It works much like a cohabitation agreement, adapted to marriage.

Separation agreements

A separation agreement is made when your relationship ends. It records your decisions about parenting arrangements, child support, spousal support, and property division, and it can settle everything without a court case. For a closer look at the process, read our separation agreements guide.

What makes an agreement strong

Strong agreements share three things:

1. Full and honest financial disclosure. Each of you needs a true picture of the other's assets, debts, and income before signing. Disclosure is the foundation everything else rests on.
2. Independent legal advice. When each person gets advice from their own lawyer, you both understand the deal, and the agreement is stronger for it.
3. No pressure. Both of you should have real time to read the agreement, ask questions, and negotiate changes before signing.

What makes an agreement vulnerable

BC courts can set aside or vary an agreement, but only in defined circumstances. Broadly, problems fall into two groups:

• Unfairness in how it was made. Hidden assets or debts, pressure or threats, one person taking advantage of the other, or signing without any real chance to understand the deal.
• Significant unfairness in how it works out. Even a properly signed agreement may be open to challenge if, in operation, it turns out to be significantly unfair to one person.

Rushed signings (for example, days before a wedding) and missing financial disclosure both invite challenge.

How SiLaw Group can help

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. Family law is all we do. We can:

• Draft a cohabitation, marriage, or separation agreement that fits your circumstances
• Review an agreement prepared by your partner's lawyer and give you independent legal advice before you sign
• Mediate the conversations that produce the agreement (see our mediation page for how that works)

Sandy Sihota is an accredited family law mediator, arbitrator, and parenting coordinator, and the firm serves clients in English and Punjabi.

Frequently asked questions

Do we each need our own lawyer to make an agreement?

You can sign an agreement without lawyers, but it is riskier. Independent legal advice for each person strengthens the agreement and helps make sure both of you understand its effect. A lawyer can only advise one of you, so the other should get their own.

Can a court change or cancel our agreement later?

It can, but only in defined circumstances. BC courts generally respect agreements that were made properly. A court may step in where there was unfairness in how the agreement was reached, such as hidden finances or pressure, or where it operates in a way that is significantly unfair. Careful drafting, full disclosure, and independent legal advice all reduce that risk.

When should we make our agreement?

Sooner is usually easier. For cohabitation agreements, before you move in or early in your time living together. For marriage agreements, well before the wedding so no one feels rushed. For separation agreements, once you have both gathered your financial information and thought about what you want.

Book a free consultation

If you are thinking about an agreement, or have been handed one to sign, we can help you understand your options. SiLaw Group offers a free 30-minute consultation by phone, video, or in person at 3108 Croydon Drive, Suite 201, South Surrey, BC.

Book a free consultation or call us at (778) 381-9977.

This page is legal information, not legal advice. For advice about your own situation, please speak with a lawyer.