FAMILY LAW AGREEMENTS

Family law agreements in Alberta enable couples and families to proactively address important financial and personal matters, helping avoid uncertainty and conflict in the event of a relationship breakdown. These agreements typically cover issues such as property division, debt allocation, parenting arrangements, child support, and spousal support. By setting out clear terms in advance, couples retain control over their own affairs rather than leaving decisions to the courts.

Below is a brief overview of the main types of family law agreements commonly used in Alberta:

A prenuptial agreement (“prenup”) is entered into by couples planning to marry. This contract outlines how assets, debts, and other financial matters will be managed during the marriage and in the event of separation or divorce. To be legally enforceable, a prenuptial agreement must be signed by both parties voluntarily and comply with Alberta’s legal requirements. Prenups are typically finalized before the marriage begins and take effect once the marriage is official.

Postnuptial agreements are similar to prenuptial agreements but are created after a couple is already married. Couples may choose to enter into a postnuptial agreement to address new circumstances, clarify financial responsibilities, or provide additional certainty regarding asset division and debt management. These agreements can be made at any point during the marriage.

Cohabitation agreements are designed for couples who live together without being married, including those considered adult interdependent partners under Alberta law. These agreements set out each partner’s rights and obligations regarding property, finances, and support, both during the relationship and if it ends. Cohabitation agreements can be established before or after moving in together and help minimize disputes and legal costs if the relationship dissolves.

When a relationship ends, a separation agreement documents the terms under which the parties will separate. This agreement typically addresses parenting arrangements, child and spousal support, and the division of assets and debts. In Alberta, a signed separation agreement is often required to finalize a divorce, unless the court is asked to resolve outstanding issues. Separation agreements are also used by adult interdependent partners and cohabiting couples to formalize the terms of their separation.

If you would like to discuss which type of agreement best suits your situation or need assistance drafting or reviewing a family law agreement, please request a consultation.