This blog is intended to provide general information and is not a substitute for legal advice. Please consult our qualified attorney for guidance specific to your case.
Although prenuptial agreements can seem like a plan for divorce before a marriage even begins, they offer significant benefits for couples in Alberta. A prenuptial agreement (or “prenup”) is a legal contract between two individuals that outlines how assets, debts, and other financial matters will be handled if the marriage ends in divorce or separation.
In Alberta, a prenup can help protect each spouse’s property, define spousal support obligations, and even address ownership of a business or inheritance. Without a prenup, marital property is divided according to the Matrimonial Property Act, which may not always reflect the wishes of the spouses. Having an agreement in place helps to avoid lengthy legal battles and can bring peace of mind, knowing that both parties have a clear understanding of their financial rights and responsibilities.
It’s essential for both parties to seek independent legal advice when drafting a prenuptial agreement to ensure the document is fair and legally enforceable. Courts in Alberta will not uphold a prenup that seems grossly unfair or was signed under pressure. By approaching the topic early and transparently, couples can lay a strong financial foundation for their future together.
