1.877.602.9900
Lorne MacLean BC Divorce Lawyer near Fort St John BC
We recently wrote about proposed changes in the White Paper on BC Family Relations Act Reform and pointed out that the legislation would strengthen respect for BC marriage agreements concerning property that were fairly entered into.
We note that many of our BC client’s are professionals with practices, are owners of substantial companies or, as we have noted with frequency at our Fort St John BC office have their own small one man companies. We point out that all of these persons would be wise to enter into a marriage agreement concerning their company if they are considering marriage or entering into a relationship of some permanence.
The Hartshorne decision of our Supreme Court of Canada held that, as a general principle, the courts must give effect to agreements that are fair and should respect agreements, particularly those made with independent legal advice. These policies are equally important with respect to family law agreements, in order to encourage parties to make fair marriage agreements. The court held that an agreement is fair if it is made by parties having full knowledge of its terms, and if the agreement is intended to apply in the circumstances that exist when it comes into effect.
It is critical that full disclosure is made at the time the agreement is entered into and we recommend both parties be represented by capable family counsel and that a proper legal agreement be drawn up as opposed to a stationary form of marriage agreement.
A recent province article explains why these agreements make sense if you are a business owner.
Please contact us by phone at 1-877-602-9900 or by email to lorne@bcfamilylaw.ca at either of our offices to ensure you take appropriate action to ensure your company is protected.