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Family law for seniors considering remarriage

With the rise in prevalence of so-called grey divorce, in which older couples are divorcing with more frequency, new challenges may be faced by those individuals if they choose to enter other relationships. Specifically, the question arises concerning whether they should remarry or simply cohabitate with their new partners. Family law in British Columbia offers a variety of options to help ease the transition into a new relationship, however that might be defined. 

For couples who choose to remarry, either for religious, financial or familial reasons, it may be a god idea to consider the possibility of a prenuptial agreement. Made famous by celebrity couples and other high-asset groups, prenuptial agreements, or "prenups," are designed so a couple can come to decisions about asset and debt division, as well as other divorce-related issues, before getting married. While this option may not appear appealing, it can make a huge difference in handling a divorce should one occur later. 

Another option is a so-called "family agreement." This is a cohabitation agreement similar to a prenup that pertains to non-marriage situations. The benefit of such an agreement is the ability to opt out of family law proceedings later and minimize litigation should a separation occur. 

Of course, it is important for British Columbia residents in similar situations to research all the options available to them from family law professionals. Seeking out the support of counsel may be beneficial in such a case. A professional can help to navigate the complicated legal waters of marriage and divorce and find the best solution for both parties. 

Source:, "Colliton: Marriage vs. cohabitation can be a hard call for seniors", Janet M. Colliton, Aug. 1, 2016

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