BC Guide
Prenup, cohabitation agreement, marriage agreement — what’s the difference?
Mostly just the name. In BC all of these are the same kind of deal, made under the same law. Which word you use depends on whether you're living together, getting married, or already married.
People get stuck on this a lot, and it puts them off calling. So here it is in one table.
Which word applies to you
| What you call it | When you use it |
|---|---|
| Cohabitation agreement | You live together, or are about to. You're not married. |
| Marriage agreement | You're getting married, or already are. This is the proper BC term. |
| Prenup (prenuptial agreement) |
Same as a marriage agreement, signed before the wedding. "Prenup" is an American word that stuck. |
| Postnup (postnuptial agreement) |
Same again, just signed after the wedding. Perfectly allowed in BC. |
Why there are so many names
Two reasons.
First, American TV. "Prenup" is the word people hear, so it's the word people search — even though BC's law doesn't use it.
Second, BC used to treat married and unmarried couples differently. It doesn't anymore. Since 2013, once you've lived together two years, the law calls you a spouse either way. So the two documents converged, but the two names stuck around.
Does the name change what the agreement does?
No. Whatever you call it, the job is the same:
- Decide what stays yours and what becomes shared.
- Decide what happens to the growth on a home, a business, or savings.
- Decide whether spousal support gets paid, and how much.
- Write it down now, while you both agree, instead of letting a judge decide later.
The rules for making it stick are also the same: both of you share your finances honestly, both of you get your own lawyer, and nobody signs under pressure.
Do we need a new one if we get married?
Usually not. A well-drafted cohabitation agreement says it keeps working if you marry later. So you sign once when you move in together, and it carries you through the wedding.
Always worth a read-through when your life changes — a house, a baby, a business. But you don't start from scratch.
What if we’re already past two years?
Still fine. Couples sign these at every stage, and many do it years in. It's cleaner to record what each of you brought in early, but late is much better than never.
If you're not sure whether you're already spouses under BC law, here's the two-year rule explained.
So which one do I ask for?
Honestly, ask for whichever word feels right. We'll use the correct one on the document. Nobody's going to correct your vocabulary on a first phone call.
One price, whatever it’s called
$1,499 plus taxes, flat — drafted and explained by a practising BC lawyer. Start with a free 15-minute call.
Book a free 15-minute callThis page is general information about BC law, not legal advice for your situation. Every couple's facts are different. For advice you can rely on, talk to a lawyer — that's what the free call is for.