Prenuptial, Cohabitation & Postnuptial Agreements

Yes. Alberta courts regularly uphold these agreements when they are properly drafted. Enforceability requires full financial disclosure, a prescribed certificate, independent legal advice for both partners, voluntary signing, and terms that align with the Family Property Act (Alberta). Poorly drafted or unfair agreements are more vulnerable to challenge.

Yes. Many people are surprised to learn that Alberta's Family Property Act applies to unmarried couples in "adult interdependent relationships." Without a cohabitation agreement, partners may have unexpected rights to property, support, or assets. A cohabitation agreement provides clarity and prevents disputes. Our full guide: cohabitation agreements in Alberta.

These agreements can address:

• Property ownership and division
• Excluded property (pre-relationship assets, inheritances, gifts)
• Spousal support
• Business and corporate interests
• Debt allocation
• Joint purchases and financial contributions
• Expectations during the relationship
• What happens if the relationship ends

They are highly customizable to your circumstances.

Yes. Independent legal advice is essential for enforceability in Alberta. Each partner must understand the agreement, its consequences, and their rights. Courts are more likely to uphold agreements when both parties had proper legal guidance.

A cohabitation agreement can remain valid after marriage, but it is often wise to review or update it. Many couples convert their cohabitation agreement into a postnuptial agreement to ensure it reflects their current circumstances and remains enforceable. Our full guide: how cohabitation agreements survive marriage.

Yes. Couples can agree on whether spousal support will be paid, how much, and for how long. However, Alberta courts may intervene if the terms are extremely unfair at the time of separation. Proper drafting is essential to reduce the risk of future challenges.

Absolutely. Many Calgary business owners, entrepreneurs, and professionals use these agreements to:

• Protect business shares
• Prevent disruption to corporate operations
• Clarify ownership of growth during the relationship
• Protect partners, shareholders, and investors

A well-drafted agreement can safeguard your business from future disputes.

Life changes, and your agreement should reflect that. Major events such as business growth, inheritance, children, or significant income changes may require an update. Reviewing your agreement periodically helps ensure it remains fair and enforceable.

Not at all. While high-net-worth individuals often benefit from them, these agreements are valuable for anyone who wants clarity, fairness, and protection. They help couples avoid conflict and ensure both partners understand their financial rights.

These agreements are voluntary. If one partner is unwilling, the agreement cannot be forced. In that case, you may need to rely on Alberta's default property and support laws, which may not reflect your intentions.

Timelines vary depending on complexity and how quickly both partners provide financial disclosure. Simple agreements may take a few weeks for the entire process, including negotiation of terms and counsel review; more complex agreements involving businesses, trusts, or multiple properties may take longer. Starting early is always recommended, especially before a wedding. Ask us about our priority drafting services.

Courts may set aside an agreement if:

• One partner did not receive independent legal advice
• There was incomplete or dishonest financial disclosure
• The agreement was signed under pressure
• The terms are extremely unfair at the time of separation
• The agreement is outdated and no longer reflects reality

Proper drafting and regular updates reduce these risks.

You can, but it is not recommended. Agreements drafted without legal advice are far more likely to be challenged or invalidated. Alberta courts expect these agreements to be prepared with proper disclosure, fairness, and legal guidance.

The first step is scheduling a consultation with a family lawyer experienced in drafting prenuptial, cohabitation, and postnuptial agreements. You'll discuss your goals, financial circumstances, and the type of agreement that best fits your situation. From there, the lawyer will guide you through disclosure, drafting, negotiation, and signing.