Family Agreements in Alberta: Prenuptial, Cohabitation, Separation
A family agreement in Alberta is a written contract between spouses or partners that sets terms for property and support, and in a separation agreement for parenting as well.
What a Family Agreement Is
Prenuptial, postnuptial, cohabitation and separation agreements address different stages of a relationship. A family lawyer drafts or reviews the agreement and advises on its terms.
Part 3 of the Family Property Act (Alberta) addresses agreements about property between married spouses and adult interdependent partners. The Act describes written agreements providing for the status, ownership and division of property.
The Family Law Act (Alberta) governs parenting whatever an agreement says, and child support is calculated under the Federal Child Support Guidelines. Parents may record parenting time and decision-making responsibility in a separation agreement, and a court decides those questions on the best interests of the child.
Which Agreement Fits Which Stage
The stage of the relationship decides which agreement applies: intending to marry, already married, living together, or separating.
| Agreement | Who signs it | When it is signed | What it can set |
|---|---|---|---|
| Prenuptial agreement | Two people intending to marry | Before the wedding, taking effect on the marriage | How family property is divided if the marriage ends |
| Postnuptial agreement | Two spouses already married | After the wedding | How family property is divided if the marriage ends |
| Cohabitation agreement | Two partners living together, including adult interdependent partners | While the partners live together | How property and support are dealt with if the relationship ends |
| Separation agreement | Two spouses or partners who are separating | After separation | Family property, spousal support, parenting time, decision-making responsibility and child support |
Prenuptial Agreements in Alberta
A prenuptial agreement is signed before marriage by two people who intend to marry, and takes effect on the marriage. It sets how family property is divided if the marriage ends by separation, divorce or death. The decision it puts to you is which property to keep out of the default division under the Family Property Act (Alberta).
prenuptial agreements in Alberta›Postnuptial Agreements
A postnuptial agreement is signed by two spouses who are already married and who want to record property terms after the wedding. It covers the same ground as a prenuptial agreement and meets the same formal requirements under the Act. The decision it puts to you is whether to set your own terms now or leave the default division in place.
postnuptial agreements›Cohabitation Agreements
A cohabitation agreement is signed by two partners who live together without marrying, including adult interdependent partners under the Adult Interdependent Relationships Act. It sets how property and support are dealt with if the relationship ends. The decision it puts to you is what each partner keeps and what the two of you treat as shared.
cohabitation agreements›Separation Agreements
A separation agreement is signed by spouses or partners who are separating, and it records the terms of their separation. It may deal with family property, spousal support, parenting time, decision-making responsibility and child support. The decision it puts to you is whether to resolve those terms by agreement or by a court application.
kitchen-table separation agreements›
separation agreements›Independent Legal Advice
Independent legal advice is a service across agreement types, not a fifth type of agreement. For property agreements, the Family Property Act sets out separate written acknowledgement requirements for each party.
In writing. The Act deals with a written agreement between the parties that provides for the status, ownership and division of the property it covers. A spoken understanding is not that.
A written acknowledgement from each person, made separately. Each person acknowledges, in writing and apart from the other, that they are aware of the nature and effect of the agreement; that they are aware of the possible future claims to property they may have under the Act and intend to give those up so far as the agreement requires; and that they are entering into it freely and voluntarily, without compulsion by the other.
Made before a lawyer who is not the other person's. The acknowledgement has to be made before a lawyer other than the one acting for the other party, or other than the lawyer before whom the other party made theirs.
How the agreement was made is a separate question. The formal requirements are about the document and the steps around signing it. How the two of you came to the terms is a different matter, and one to raise with your own lawyer.
Where disclosure fits. What each person knew about the other's property, debts and income when the agreement was made belongs to that second group rather than to the formalities, and is worth raising with your own lawyer.
Book a Consultation With a Calgary Family Lawyer
Contact THEBIL Law to discuss a family agreement and the questions you want to address.
Nne Christiana Udo is the family lawyer at THEBIL Law and a member of the Law Society of Alberta. She advises clients on Alberta family law and prepares and reviews family agreements.
Send a consultation request at any time, or call 403-457-3128 during office hours. The office contacts you to arrange a meeting.