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Prenuptial, cohabitation, separation and post-nuptial agreements

A well-drafted family agreement can prevent a dispute, or end one. We draft and review agreements, and we provide the independent legal advice Alberta law requires for many of them.

Family agreements let couples decide for themselves how property, support and, after separation, parenting will be handled. An agreement is only as good as its drafting and the process behind it. Agreements that are signed without full financial disclosure, without independent legal advice, or under pressure are vulnerable to being challenged later.

Types of agreements

  • Prenuptial and cohabitation agreements: made before or during a relationship, setting out how property and support will be dealt with if it ends.
  • Post-nuptial agreements: made during a marriage, often after a change such as an inheritance, a business or a move.
  • Separation agreements: resolving parenting, support and property after separation.

Independent legal advice

Under Alberta’s Family Property Act, an agreement about property must generally be acknowledged by each party in writing, apart from the other party, before a lawyer who is not acting for the other party. Each person should have their own lawyer. We can act for one party in preparing the agreement, or provide independent legal advice to a party whose partner has their own lawyer.

What makes an agreement durable

  • Full and honest financial disclosure on both sides
  • Enough time to consider the agreement, rather than signing at the last minute
  • Clear drafting that anticipates future changes, such as children, a business or relocation
  • Terms that are fair when made and are not likely to become grossly unfair later

How we prepare an agreement

  1. Instructions

    We learn what you want the agreement to achieve and the assets involved.

  2. Disclosure

    Both parties exchange financial information.

  3. Drafting and negotiation

    We prepare or review the draft and negotiate changes with the other lawyer.

  4. Signing

    Each party receives independent legal advice and signs, with the required acknowledgments.

Frequently asked questions

Can we use one lawyer for both of us?

No. Each party should have their own lawyer, and for property agreements the law requires independent acknowledgment. A lawyer cannot advise both sides of the same agreement.

Can a prenuptial agreement deal with parenting?

Agreements made before separation cannot bind a court on parenting or child support, which are decided based on the child’s interests at the time. They are most effective for property and spousal support.

We already have an agreement. Can it be changed?

Yes, if both parties agree, through an amending agreement with the same formalities. Some terms can also be changed by a court in limited circumstances.

Talk to a lawyer about your situation

Book a consultation online, or call us at 587-393-3958, Monday to Friday, 9:00 a.m. to 5:00 p.m.

The information on this page is general information, not legal advice, and may not reflect recent changes in the law. Contacting UMPC Law does not create a lawyer–client relationship.