“I highly recommend Violeta for anyone dealing with family law matters. From the very beginning, they were professional, compassionate, and incredibly knowledgeable. She took the time to explain every step of the process clearly and made sure I understood my options.”
⭐️ ⭐️ ⭐️ ⭐️ ⭐️
– Brad C.
A prenuptial agreement is not a prediction that a relationship will fail. For many business owners, professionals and executives, it is simply responsible planning, the same way you would plan for any other major commitment.
Without an agreement, Alberta’s Family Property Act decides how property is divided if the relationship ends. The growth in a business during the relationship is generally shared, even if you owned the business before you met. For someone building a company, that growth can be the most valuable thing you own.
A well-drafted agreement lets both of you decide those questions in advance, openly and fairly, rather than leaving them to a court at a difficult time.
We regularly act for business owners, professionals and executives, and we help clients approach these agreements in a way that is clear, respectful, and built to hold up.
The overview below is general information, not legal advice about your situation.
Alberta law allows spouses, people about to marry, and adult interdependent (common-law) partners to make agreements about how their property will be dealt with. A prenuptial agreement is signed before marriage, a postnuptial agreement during marriage, and a cohabitation agreement by partners who live together. The same principles largely apply to each.
Note that a cohabitation agreement is different from an “adult interdependent partner agreement,” which is a separate document that can create an adult interdependent relationship. Getting the terminology right matters.
An agreement cannot finally decide child support or parenting arrangements. Those are always decided based on the children’s interests and the Child Support Guidelines at the time.
For business owners, an agreement can define how the business will be valued, whether future growth is shared, how retained earnings and shareholder loans are treated, and how any payment to the other partner would be made without disrupting the company. It should fit with your corporate structure, including holding companies and family trusts, and with any shareholder agreement. Some shareholder agreements require owners to have a marriage contract in place, so it is worth checking yours.
For an agreement about property to be enforceable under the Family Property Act, each person generally must acknowledge in writing, before a lawyer acting only for them, that they understand the nature and effect of the agreement, are aware of their rights under the Act, and are signing freely and voluntarily. This is why each person needs their own lawyer.
Other steps help an agreement stand up over time:
If you started a business after marriage, received an inheritance, or are bringing in a new partner or investor, a postnuptial agreement can set out how those assets will be treated. The same requirements apply.
Many men worry about how to bring this up. It usually helps to raise it early, explain that it is about planning rather than distrust, and make sure your partner has time to get independent advice. A fair, transparent process protects both of you and your relationship.
If your partner has presented you with an agreement, you need your own independent advice before signing. We review agreements, explain what you are giving up and gaining, and negotiate changes where needed.
We regularly act for business owners, professionals and executives. We take the time to understand your business and goals, coordinate with your accountant where helpful, draft clear terms, and manage the process so the agreement is signed properly and on time. We will give you a clear estimate of fees before we begin.
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Yes, when they are properly made. For property terms under the Family Property Act, each person generally needs a written acknowledgment signed before their own lawyer. Full financial disclosure, fair terms and good timing also make an agreement much harder to challenge.
Yes. Without an agreement, growth in a business during the relationship is generally shared. An agreement can set out whether growth is shared, how it is valued, and how any payment would be made.
No. Child support and parenting arrangements are always decided based on the children’s interests and the Child Support Guidelines at the time of separation.
As early as possible. Starting several months ahead gives both people time for disclosure, independent advice and negotiation, and reduces the risk of arguments that someone signed under pressure.
Possibly. Alberta’s Family Property Act applies to adult interdependent partners, which generally includes people who have lived together in an interdependent relationship for three years, or less if they have a child together. A cohabitation agreement can set out how property will be treated.
Yes, both people can agree to amend or replace it. Any changes should be made with the same formalities, including independent legal advice.
The right time to plan is before there is a problem. We can help you do it clearly and respectfully.
Call 587-329-0999 or fill out the form below to book a confidential consultation with our Calgary family law team.
I highly recommend Violeta for anyone dealing with family law matters. From the very beginning, they were professional, compassionate, and incredibly knowledgeable. She took the time to explain every step of the process clearly and made sure I understood my options.
⭐️ ⭐️ ⭐️ ⭐️ ⭐️
– Brad C.
