List of Common Client Misconceptions (Prenuptial Agreements) 常见客户户误区清单(婚前协议篇)
- Regarding Children: A misconception is believing you have no financial obligation to a partner's children from a previous relationship. 子女相关:误区是以为一方从前一段关系带来的子女,自己没有抚养义务。
Reality: Under B.C.'s Family Law Act, if you act as a parent to your partner's child during your relationship, you may be required to pay child support upon separation. 现实:根据 B.C. 省《家庭法》,如果在同居期间,一方实质上扮演了另一方子女的父母角色,在分居时可能需要承担抚养费义务。
- Increase in Property Value: A misconception is assuming that pre-relationship property and any growth in its value will automatically remain separate. 财产增值:误区是认为婚前个人财产永远是独立的,其增值部分也无需在协议中提及。
Reality: In B.C., the increase in the value of an asset that occurs during the relationship is presumptively considered family property. 现实:在 B.C. 省,婚前资产在关系存续期间的增值部分,默认为家庭财产。
- Foreign Assets: A misconception is thinking that assets located outside of Canada do not need to be disclosed. 海外资产:误区是认为境外资产不需要向对方披露。
Reality: Full and honest financial disclosure is the foundation of a valid agreement. 现实:完整、诚实的财务披露是协议有效性的基石。
- Income and Future Changes: A misconception is believing that current income does not need to be disclosed because it is subject to change. 收入与未来变化:误区是认为当前的收入不必披露,因为它将来会改变。
Reality: A complete picture of your financial circumstances at the time of signing, including income, must be disclosed. 现实:签署协议时的财务状况(包括收入)必须全面披露。
- Waiver of Spousal Support: A misconception is believing that signing a spousal support waiver is a "100% risk-free" guarantee. 放弃配偶赡养费:误区是相信只要签署了放弃赡养费的条款,就"百分之百无风险"。
Reality: A court may still intervene if a significant change in circumstances makes the waiver significantly unfair in the future. 现实:如果未来情况发生极端变化导致协议条款变得极度不公平时,法院仍有权介入。
- The Family Home: A misconception is thinking that if a property is registered only in one partner's name, it cannot be considered the "family home." 家庭住宅:误区是认为只要房产仅在一方名下,就自动不属于"家庭住宅"。
Reality: In B.C., a property that is ordinarily occupied by the couple is often treated as the family home, regardless of whose name is on the title. 现实:在 B.C. 省,无论房产证上是谁的名字,只要夫妻双方通常居住于此,该房产就可能被认定为家庭住宅。
- Gifts and Inheritances: A misconception is assuming that personal gifts or inheritances do not need to be addressed in the agreement. 礼物与继承:误区是以为个人获得的继承或赠与财产无需在协议中处理。
Reality: While generally excluded property, they can be converted into family property if commingled into joint accounts or used to purchase joint assets. 现实:虽然这些资产原则上是独立财产,但如果将其存入联名账户或用来购买共同房产,就可能被"转化"为家庭财产。
- Invincibility of the Agreement: A misconception is thinking that once an agreement is signed, it is "ironclad" and cannot be challenged. 协议的绝对性:误区是以为协议一旦签署,就"牢不可破",在任何情况下都不能被挑战。
Reality: A court can set aside or modify an agreement if it was procured unfairly, such as through a lack of independent legal advice or under duress. 现实:如果协议缺乏独立的法律意见、未进行完整的财务披露,或在签署时存在压力、胁迫等不公平情况,法院未来可能会判定协议无效。
