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Prenuptial, Postnuptial, and Cohabitation Agreements – What’s the Difference?

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Written agreements can play a helpful role in defining the rights and responsibilities of couples. The purpose of these agreements is to protect the financial interests of both partners and to plan for a fair division of property in case your relationship ends.

Prenuptial, cohabitation, and marriage agreements are three different types of agreements that couples can consider, each serving a similar purpose.  The reason you may choose one over the other depends on the status of your relationship.

All three types of agreements usually cover these subjects:

  • How your property (or assets) and debts (or liabilities) will be divided in the event that the relationship ends or one partner dies;
  • Whether or not one person will pay the other support payments if the relationship ends;
  • Who will take care of the family pet if the relationship ends; and 
  • Some matters about children, if you have any.

As for which agreement you should choose, here’s a shorthand guide:

  • Are you about to get married?  Go for a prenuptial agreement.
  • Are you already married, but have decided now is the time to get organized?  A marriage agreement is just the thing for you!
  • Are you living with your partner but not sure marriage is in the cards?  A cohabitation agreement is what you need.

At Jointly, we call all of these agreements “relationship agreements”, and whether you’re engaged, married or living together, we can help you and your partner work together to build a relationship agreement that works for you.  Click here to get started!

Aimee Schalles
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Jointly is only suitable where both partners are adults. Send us a note if you have any questions!

If one or both of you are not completely honest about your assets or debts, a judge could later decide that the agreement was unfair and decide not to enforce it if the relationship ends. Jointly is not a good fit for you unless you're prepared to share details about your assets and debts with your partner.  Send us a note if you have any questions!

Jointly is not able to handle the separation of a jointly operated business. Send us a note if you have questions!

Jointly does not support planning for property on reserves. Send us a note to let us know what you'd like to see incorporated into our future plans!

At present, Jointly is not able to support committed polyamorous relationships. Send us a note to let us know what you'd like to see incorporated into our future plans!

Relationship agreements which include parenting arrangements are not enforceable unless you are already separated or thinking about separating. Because of this, Jointly does not have the option to include parenting arrangements that would apply if your relationship ends . Send us a note if you have any questions!

You should not sign a relationship agreement if someone is forcing you to do so or if there is abuse in your relationship. Please talk to a lawyer, who can help you navigate this situation.

Jointly may be a good fit for your relationship!

Learn More

Prenup laws in Alberta

Do You Need a Prenup for Common Law?

How Do I Get a Prenup?

Can You Write Your Own Prenup and Have It Notarized?

Do I Need a Prenup for Inheritance and Estate Planning?

The best time to make a relationship agreement is when you move in together.

The next best time is now.

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