Marriage is a beautiful union of two people, but it’s also a serious legal agreement. While planning the big day in picturesque Vancouver, it’s easy to focus on the romance and festivities and overlook critical legal aspects of your new life together. However, failing to address these hidden legal pitfalls can lead to significant challenges down the road.
To help you start your marital life on solid ground, here are five common pitfalls couples in Vancouver should avoid and practical ways to address them.
1. Not Understanding British Columbia’s Family Property Laws
British Columbia has unique family property laws under the Family Law Act, which apply to married couples and, in many cases, to common-law couples who’ve lived together for more than two years. These laws distinguish between “family property” (assets acquired during the relationship) and “excluded property” (such as inheritances or assets brought into the marriage). What couples often overlook is that increases in the value of excluded property during the marriage can still be divided.
How to Avoid It
Before marriage, take inventory of your assets and discuss creating a marriage agreement (prenup). A lawyer can help draft an agreement that clearly outlines how assets and debts will be divided, ensuring you have control over what happens to your property.
2. Avoiding Conversations About Debt
Debt can be a significant stressor in relationships, especially when one partner brings more financial obligations into the marriage. Many couples mistakenly assume that their spouse’s debt won’t affect them. However, in a marriage, your financial lives are often intertwined. For instance, joint accounts or co-signed loans could make you partially liable for your partner’s debts.
How to Avoid It
Have a frank discussion about your respective debts and financial history before tying the knot. Consider working with a financial advisor to create a debt repayment plan and establish clear boundaries around joint financial obligations.
3. Overlooking Legal Residency Requirements
For couples where one partner is not a Canadian citizen, marrying in Vancouver can open the door to residency in Canada. However, people often assume that marriage alone guarantees citizenship or permanent residency. This isn’t the case. Vancouver’s large immigrant population frequently encounters challenges navigating Canada’s rigorous immigration rules.
How to Avoid It
Work with an immigration lawyer or consultant who understands the intricacies of spousal sponsorship in Canada. They can guide you through the process, ensuring you meet all legal requirements and avoid unnecessary delays.
4. Failing to Register the Marriage Properly
Many couples focus on the ceremony and forget the legalities, particularly if they’re combining cultural traditions with Canadian practices. For a marriage to be legally recognized in Vancouver, specific requirements must be met, including obtaining a marriage license and ensuring the officiant is authorized by the Province of British Columbia.
How to Avoid It
Ensure that you apply for a marriage license through a designated office in Vancouver ahead of your wedding. Double-check that your officiant is registered under the Vital Statistics Agency of British Columbia. These simple steps will ensure that your union is legally binding.
5. Ignoring Estate Planning
Many couples overlook estate planning when they get married, assuming it’s something to worry about later in life. However, marriage changes your legal rights and responsibilities, particularly when it comes to inheritance and property transfer. Without a will, your spouse may not inherit assets as you intended, and BC’s default rules might determine the division of your estate.
How to Avoid It
Consult with a Vancouver-based estate planning lawyer to draft or update your will after you get married. This will ensure your spouse benefits from your assets according to your wishes. Consider setting up powers of attorney for financial and health-care decisions as well.
Conclusion
Getting married in Vancouver is not just an emotional union but also a legal partnership that requires careful preparation. By understanding British Columbia’s laws and addressing key legal issues before your wedding day, you can avoid unnecessary stress and financial hardship in the future.
