The myth
“We’re not married, so the law treats us differently.”
Cohabitation &
prenuptial agreements in BC
Designed by lawyers. Made by you. In BC, living together for two years changes your legal rights automatically. An agreement lets the two of you choose your own terms instead.
- Tailored to BC law
- Written by lawyers, not AI
Written and reviewed by practicing lawyers.
Written and reviewed by Amanda Baron & Aimee Schalles, practising Canadian lawyers.
Last reviewed July 2026
The BC reality
In BC, two years of living together makes you spouses
Many couples assume the law leaves them alone until they marry. British Columbia works the other way around: the default rules apply to you automatically, unless you agree otherwise.
The BC fact
Under BC’s Family Law Act1, after two years of living together in a marriage-like relationship you are treated the same as a married couple.
Property and debt acquired during the relationship is typically divided 50/50 if you separate, and even the growth in value of what you brought in can be shareable. An agreement is how you set your own terms instead.
Made for your life
What your BC agreement can cover
Jointly guides you through the decisions that matter, with plain-language prompts and lawyer-designed options.
- Whether BC’s default 50/50 division applies to you, or your own terms do
- Property each of you brought in, and the growth in its value
- Spousal support, including whether it applies at all
- The family home, and who keeps or shares it
- Businesses, pensions, investments, gifts, and inheritances
- Even your pets
Which agreement is right for you?
Three paths, one calm process
Prenuptial
BC prenuptial agreements
Create a fair, lawyer-designed prenup together before marriage, so you both know where you stand.
Start for freeCohabitation
BC cohabitation agreements
Protect your finances and property with a clear agreement built collaboratively, affordably, and online.
Start for freePostnuptial
BC postnuptial agreements
Set clear terms for property and finances after marriage, and support long-term trust and peace of mind.
Start for freeBuilt by lawyers
Authorized by the Law Society
of British Columbia
Jointly is an approved participant in the Law Society of British Columbia’s Innovation Sandbox2 — a supervised program that lets a small, vetted group of providers offer innovative legal services under conditions set and monitored by the Law Society to protect the public.
For BC couples, that means an independent legal regulator has examined how Jointly works and authorized it to operate.
About the Innovation Sandbox
“My lawyer was impressed after reviewing the agreement. He couldn’t believe we drafted it ourselves.”
BC questions
Frequently asked
Are we common-law spouses in BC?
Under BC’s Family Law Act, partners who have lived together in a marriage-like relationship for two years are generally treated as spouses for property and debt division, even if they never marry. Couples with a child together can also have support obligations sooner.
Can an agreement change BC’s default 50/50 division?
Yes. BC law lets couples make their own agreement about how property and debt should be handled in place of the default rules, when the agreement is made properly, with full financial disclosure and no pressure. Jointly is designed to guide you through these requirements.
What happens to property I owned before we moved in together?
Property brought into the relationship is generally excluded from division, but growth in its value during the relationship is typically shareable. An agreement lets you both decide how to treat this clearly, in advance, instead of arguing about valuations later.
How much does a prenup or cohabitation agreement cost in BC?
With Jointly, it’s free to start and $429 CAD to complete, compared with $3,000 or more for a fully lawyer-drafted agreement. Independent legal advice, if you choose it, is separate.
What’s the difference between prenuptial, postnuptial, and cohabitation agreements?
They cover the same ground at different stages. A prenuptial agreement is made before marriage, a postnuptial agreement after you’re married, and a cohabitation agreement for couples living together without marrying. Jointly helps with all three, tailored to your province.
Can I make an agreement even though I am already married?
Yes, you can make an agreement (commonly called a postnuptial agreement or a marriage contract) after you are married.
Do we each need our own lawyer in BC?
Independent legal advice, where each partner reviews the agreement with their own lawyer, is strongly recommended in BC and strengthens enforceability.
