Prenuptial Agreement

A prenuptial agreement (prenup) is a legal contract entered into by a couple before marriage or a civil partnership. It outlines the division of assets, debts, and financial matters in case of divorce, separation, or death. Prenuptial agreements have become increasingly popular due to the complexity of modern financial arrangements and changing relationship dynamics.

Understanding Prenuptial Agreements

A prenuptial agreement is a type of domestic contract that specifies how a couple’s financial affairs will be handled if their relationship ends. The primary purpose is to protect each party’s financial interests and provide clarity in case of separation or divorce. In Alberta, these agreements fall under the Family Property Act (formerly Matrimonial Property Act), which sets the legal framework for property division. However, couples can customize these terms through a prenup.

Advantages of Prenuptial Agreements

1. Protects separate property and assets.
2. Defines marital and community property.
3. Clarifies debt division.
4. Ensures financial security for children from prior marriages.
5. Establishes guidelines for alimony and spousal support.
6. Reduces litigation costs and uncertainty in case of divorce.
7. Encourages open communication about financial expectations.

Legal Requirements for Prenuptial Agreements in Alberta for a prenuptial agreement to be legally binding in Alberta, it must meet the following criteria:

1. Written Agreement – The agreement must be in writing and signed by both parties.
2. Full Financial Disclosure – Each party must fully disclose their financial situation, including assets, liabilities, and income.
3. Independent Legal Advice – Both parties should have separate legal counsel to ensure they understand the agreement and their rights.
4. Fair and Reasonable Terms – Courts may set aside an agreement if it is deemed significantly unfair (unconscionable) to one party.

Enforceability of Prenuptial Agreements in Alberta Prenuptial agreements are generally enforceable, but courts can overturn or modify them if:

1. There was no full financial disclosure.
2. A party lacked independent legal advice.
3. The agreement is unconscionable or significantly unfair.
4. The agreement does not adequately provide for children or a spouse’s financial well-being.

Challenging a Prenuptial Agreement in Alberta A prenuptial agreement may be challenged if:

1. It was improperly executed (e.g., not in writing, missing signatures).
2. A party lacked legal representation or was pressured into signing.
3. There was incomplete or misleading financial disclosure.
4. The agreement results in severe financial hardship for one party.

If a court deems a prenup invalid or unconscionable, it can be set aside, and the property division will follow the Family Property Act.

Contact our family lawyers for assistance in drafting, reviewing, or challenging a prenuptial agreement.

Frequently Asked Questions about Divorce

Please reach us at info@lawsnbeyond.com if you cannot find an answer to your question.

What happens if my spouse hides assets when signing the prenup?

If a party fails to fully disclose their assets at the time of signing, the court may declare the agreement invalid.

Can a prenup cover spousal support?

Yes, a prenuptial agreement can include spousal support provisions, but they must be fair and reasonable to be enforceable.

Does infidelity affect the validity of a prenup?

No, Canada follows a no-fault divorce system, so infidelity does not impact property division or financial agreements.

Can we modify our prenuptial agreement later?

Yes, couples can amend their prenup through a written postnuptial agreement, provided both parties agree.

Ensure your prenuptial agreement meets legal standards by consulting an experienced family lawyer.

Contact Us

All consults require upfront payment. Up to 30 minutes of Initial Consultation is credited, provided we are retained on the same day.

Contact us by phone, email, or online.

Suite #320, 634-6 Avenue SW, Calgary, Alberta, T2P 0S4

Phone: 403-300-5297
Fax: 403-300-5298
Email: info@lawsnbeyond.com

Hours

Mon 08:30 am – 05:00 pm
Tue 08:30 am – 05:00 pm
Wed 08:30 am – 05:00 pm
Thu 08:30 am – 05:00 pm
Fri 08:30 am – 05:00 pm
Sat By Appointment
Sun By Appointment

NOTE: Please do not send any confidential information or details about your case via this page or by email. We will not review any information sent to us, and we will not give advice until we have booked a consultation with you.

We provide legal services in English, Hindi, Urdu, Punjabi, Farsi, Ukrainian, Polish