Navigating Prenuptial Agreements in Alberta

Prenuptial agreements—often referred to as “prenups”—aren’t just for the ultra-wealthy. More and more couples in Alberta are choosing to define their financial expectations before marriage with a legally binding agreement. While it may not be the most romantic part of wedding planning, a prenup can save couples from significant stress and confusion down the road.

What Is a Prenuptial Agreement?

A prenuptial agreement is a contract entered into before marriage that outlines how property, debt, and other financial matters will be handled if the marriage ends—either by separation, divorce, or death. In Alberta, prenups are governed by the Family Property Act and must meet certain criteria to be enforceable.

Why Consider a Prenup?

Prenups aren’t about mistrust—they’re about clarity. Here are some common reasons people choose to create a prenuptial agreement:

• Protecting property acquired before marriage

• Clarifying ownership of business interests

• Defining how debt will be shared (or not)

• Protecting children from previous relationships

• Avoiding lengthy and expensive legal disputes

Legal Requirements for Prenuptial Agreements in Alberta

For a prenup to be valid in Alberta, it must be:

• In writing and signed by both parties

• Voluntarily entered into without pressure or coercion

• Made with full financial disclosure from both sides

• Accompanied by independent legal advice for each partner

A judge may choose not to enforce a prenup if it is significantly unfair, if one party wasn’t properly informed, or if the agreement was signed under duress.

What Can (and Can’t) Be Included?

Prenups can cover:

• Property division

• Debt responsibility

• Business ownership

• Spousal support (to some extent)

Prenups cannot cover:

• Parenting time or decision-making for children

• Child support arrangements (these are governed by legislation and always based on the best interest of the child)

When Should You Draft One?

Ideally, a prenup should be discussed and signed well before the wedding day. Drafting the agreement in a rush—or close to the wedding—can raise questions about its fairness or voluntariness later on.

Talk to a Family Lawyer

A prenup is only as strong as the legal advice behind it. At Chahal Law, we can help you navigate the process of drafting or reviewing a prenuptial agreement. Whether you’re protecting a business, preparing for a blended family, or simply want peace of mind, we’re here to make sure your interests are represented.

Contact our office today to book a consultation with one of our family law professionals.