Creating a prenuptial agreement, also known as a cohabitation agreement, with a spouse is a wise idea, no matter who you are or how many assets you have. If you and your spouse are considering a prenup, you may have seen online templates that allow you to create this cohabitation agreement yourselves without the involvement of a lawyer. You may be wondering, “Can I write my own agreement in British Columbia?”
In short, no. You should not write your own prenup; instead, enlist qualified lawyers to draft this document for you. But why is this the case?
You Need a Neutral Perspective
When you and your spouse draft an agreement together, or one of you drafts it and the other signs it, you risk pouring your own biases into the agreement. Even if you try to make it fair, one or both of you may inevitably favour your own assets over the other. Nuances in the language of the agreement may leave you or your spouse with a better outcome in the event of a divorce.
Instead, enlist a legal professional to draft this document from a neutral perspective. A lawyer will ensure that the document contains unbiased language that does not favour either side. They can also provide guidance to ensure that you and your spouse are equally represented within the agreement.
You and Your Spouse Need Your Own Legal Representation
If you’re wondering, “Can I write my own prenup in British Columbia?” you may not be planning to involve legal representation. But you and your spouse must each retain your own legal representation to ensure that your cohabitation agreement accurately and comprehensively represents both of your situations.
Writing your own agreement and then having a lawyer review it won’t be enough to ensure that it reflects the wishes of both parties. You need legal advice and representation to confirm that it serves its intended purpose.
You Must Ensure That It Holds Up in Court
For an agreement to be valid, it must contain signatures from both parties and have the proper witnesses during the signing, including a notary public or a lawyer. However, other issues could also lead your agreement to fail to hold up in court.
For example, if the agreement violates the Family Law Act, a judge can dismiss it. If it contains any errors, one party could claim they did not understand what they were signing, making it non-binding.
Without the right legal protections, your prenuptial agreement won’t do you much good in the event of divorce. Seeking legal assistance instead of simply drafting it yourself ensures that the document is legally binding and that a judge will affirm its validity.
Cohabitation Agreements Are Serious
Those who ask, “Can I write my own agreement?” may be tempted to dash off a document, take it to a local notary, and be on their way. But cohabitation agreements are serious. They give you and your spouse a crucial opportunity to discuss your assets and how you will handle them during and after the marriage, were it to come to that. You shouldn’t approach these contracts lightly.
Hiring legal representation as you draft your prenup prompts you to consider all the matters in the contract seriously. It also prevents you from signing anything you do not fully understand or agree with.
“Can I Write My Own Agreement?” No, But Pier Law & Mediation Can
If you’re wondering, “Can I write my own agreement?” know that it’s not a good idea to do so. But at Pier Law & Mediation, we make drafting a legally binding, comprehensive cohabiation agreement hassle-free for you and your spouse. Call (604) 900-7158 or complete our online form to schedule an appointment today.
