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Alberta family property agreement guide
Alberta Prenuptial Agreement
Create an Alberta prenup template online, then review it with a local family lawyer before signing.
Quick Answer
Yes. Alberta prenups can set property rules, but each partner needs a separate lawyer acknowledgement.
How It Works
Prenuply is not a law firm. It helps you get organized before legal review.
Get a tailored draft
Prenuply creates an Alberta working template with the key clauses organized for review.
Review with lawyers
Each partner should review the final agreement with their own lawyer before signing.
What Matters in Alberta
Alberta gives spouses and adult interdependent partners a statutory path to make property agreements.
State that the agreement continues after marriage
If two people sign before marriage, the agreement must clearly show that they intend it to apply or continue after they marry.
Use separate lawyers
Each party must make the required acknowledgement before a lawyer who is not acting for the other party and is not taking the other party's acknowledgement.
Acknowledge the rights being changed
Each partner must confirm awareness of the agreement's nature and effect, possible future property claims, and the intention to give up those claims as needed.
Sign freely and voluntarily
The written acknowledgement must confirm that the agreement is being executed without compulsion from the other party.
What It Can Cover
Property owned before marriage
Identify real estate, savings, investments, vehicles, pensions, and other property each partner brings into the marriage.
Business interests
Protect shares, professional practices, farms, partnerships, retained earnings, and business growth with clear property treatment.
Real estate
Describe homes, rental properties, mortgage obligations, sale proceeds, and title details.
Debt allocation
Clarify responsibility for current and future debt, including business borrowing, student loans, taxes, and secured debt.
Before Review
Legal names and dates of birth for both partners
Wedding date or expected marriage date
Statement that a pre-marriage agreement continues after marriage
Asset and debt schedules with values
Business ownership, farm, or professional practice records
Real estate, mortgage, and title details
Alberta FAQ
Is independent legal advice required for an Alberta prenup?
For a property agreement to be enforceable under sections 37 and 38 of the Family Property Act, each party must make a separate written acknowledgement before a different lawyer.
Can an Alberta prenup apply after the wedding?
Yes, but an agreement signed before marriage must clearly state that the parties intend it to apply or continue after the marriage.
What does the lawyer acknowledgement cover?
It addresses the nature and effect of the agreement, possible future property claims, the rights being given up, and whether the party is signing freely and voluntarily.
Can Prenuply replace the Alberta lawyer certificates?
No. Prenuply can help prepare a working draft and disclosure information, but Alberta lawyers must provide the required separate acknowledgements.