A prenuptial agreement, often called a prenup, is a legal contract signed by a couple before they get married. In Alberta, prenuptial agreements fall under the umbrella of marriage contracts and are governed by the Family Law Act and the Family Property Act. These agreements allow couples to proactively decide how their property, assets, debts, and spousal support will be handled during their relationship and in the event of separation, divorce, or death.
In Alberta, a prenup works by clearly outlining each partner’s rights and obligations during and after the marriage. Once signed, it becomes a binding legal agreement – as long as it meets the legal requirements. These contracts can help avoid lengthy and expensive legal disputes if the relationship ends in divorce.
Prenuptial agreements in Alberta are governed by the Alberta Family Property Act, which permits spouses and soon-to-be-spouses to create domestic contracts, including marriage contracts. These laws recognize the importance of allowing couples to privately organize their financial affairs.
However, for the contract to be enforceable, certain requirements must be met. For example, both parties must enter into the agreement voluntarily and with full understanding of its implications. Courts will uphold a prenuptial agreement unless there are legal deficiencies or it is deemed “unconscionable.” We’ll go through a few things that you need to know to make a valid prenup below.
To be a valid prenuptial agreement under Alberta law, your agreement must meet the following criteria:
Prenuptial agreements can cover a wide range of issues, including:
Certain matters cannot legally be included in a prenup, such as:
If you’re wondering how to get a prenup agreement in Alberta, here are the steps:
Prenups should not be rushed. Get started as early as possible to make sure you have time to have the discussions you need to have to make an agreement that feels right for both of you.
Yes, a prenup can be contested in Alberta. If one person believes the agreement is invalid, they can ask the court to overturn it. Common grounds for contesting a prenup include:
A court may declare a prenup invalid if:
The cost of a prenup in Alberta varies. On average, couples can expect to pay between $2,000 and $5,000 to have a lawyer draft their prenup, depending on complexity and legal fees. More complex agreements or high-net-worth cases may cost more.
With Jointly, your prenup costs $429.
A prenuptial agreement lasts indefinitely unless it includes an expiry date or is formally revoked or replaced by another agreement. Changes in circumstance don’t automatically void it, but may affect its enforceability. It’s a good idea to review your agreement regularly, and update it when your life changes.
You can’t make a prenup after marriage, but you can enter into a postnuptial agreement, also known as a postnup, after the wedding. Postnups include the same subject matter and have the same requirements for validity as prenups.
Technically, you can write your own prenup. However, to create a valid prenuptial agreement that will hold up in court, it is crucial to follow Alberta’s legal requirements and provide full financial disclosure. DIY prenups often fail under scrutiny, so using Jointly or working with a lawyer in your area is strongly recommended.
Understanding prenuptial agreement laws in Alberta empowers you to protect your future and build your relationship on a foundation of clarity and trust. Jointly makes it easier to navigate the legal process and create agreements that reflect your shared goals—without unnecessary stress or expense.
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Aimee SchallesHi, I'm Aimee, a co-founder of Jointly. I’ve been working as a lawyer in British Columbia for over ten years. I run a small law firm and love helping people solve everyday problems. I’ve seen the difficulties that ordinary people face in accessing reliable legal services. I’ve also seen many friends and clients go through challenging separations that could have been improved if they’d have had a prenup or cohabitation agreement. I hope Jointly helps people make the relationship agreement they’ve been thinking about! Latest posts by Aimee Schalles (see all)