Langley and Surrey Family Law Lawyers
At Taylor & Taylor Law, we assist clients in Langley, Surrey and the BC Lower Mainland by advising on family law matters and drafting and negotiating key family law agreements.
What are the most common family law agreements?
The most common family law agreements are:
Marriage Agreements (sometimes called Prenuptial Agreements) - agreements made by parties either prior to marriage or early on in the marriage;
Cohabitation Agreements - agreements made by parties who are planning on living together without marrying, or who are already living together; and
Separation Agreements - agreements made at or before the end of a marriage or cohabitation arrangement.
What law governs Family Law Agreements in British Columbia?
Family Law Agreements are contracts and thus are governed by the common law of contracts. They are also governed by legislation, such as the Family Law Act.
Will my contract stand up in court?
Courts have the power to set aside, or cancel, agreements that are considered to be sufficiently unfair in law. This can happen where there is unfairness in the making of the agreement, or if there is unfairness in the operation of the agreement itself (e.g. a spouse failed to disclose property or debts when making an agreement).
Do I need independent legal advice?
Many family law agreements set out that both parties either agree to obtain independent legal advice. It is important to note that even if both parties do obtain independent legal advice, this does not necessarily prevent a court from varying or setting aside an agreement. That said, it is best practice to seek independent legal advice as this vastly improves the likelihood that an agreement will be enforced. Moreover, this is an important opportunity for each party to speak with their lawyer and obtain valuable information about their legal rights and obligations.
Do my spouse/partner and I need a family law agreement?
Marriage agreements, cohabitation agreements and separation agreements help clarify important issues and therefore help reduce conflict and future disputes between parties. However, not every family situation is the same, and an agreement may not be the correct option for you and your family. You may wish to speak with a family law lawyer about your options and alternatives.