It is not too late to protect your property after the wedding. In Alberta, married couples can sign a postnuptial agreement at any point during the marriage. It sets out what happens to your home, savings, business and debts if you ever separate.
Shim Law’s Calgary family lawyers draft, review and negotiate postnuptial agreements. We also give the independent legal advice that Alberta law requires before an agreement can be enforced.
- For married couples whose finances or plans have changed
- Drafting, review of your spouse’s draft, and independent legal advice
- Service in more than 20 languages, including Korean, Mandarin, Spanish and Tagalog
Call (403) 476-2011 or book a consultation.
Not married yet? See our prenuptial agreement lawyers page.
Why Couples Sign a Postnup
Most postnups follow a change in the marriage. Common reasons include:
- An inheritance or large gift. You want it to stay separate, even if some of it goes into the family home.
- Starting or growing a business. You want to protect the business and its growth, or protect your spouse from its debts. Read how to protect your business from divorce.
- One spouse leaving work. One of you stays home with children or supports the other’s career, and you want fair terms in writing.
- A big purchase or loan. One spouse puts personal savings into a home, rental property or investment.
- Moving to Alberta. You signed a prenup in another country or province, and it may not meet Alberta’s signing rules.
- No prenup before the wedding. You ran out of time, or did not think you needed one.
- Reconciling after a separation. You are getting back together and want clear terms going forward.
What a Postnup Can Cover in Alberta
In Alberta, postnups and prenups follow the same rules under the Family Property Act. A postnup can set out:
- Property each spouse owns. Which assets stay separate, including property you owned before the marriage and its growth in value.
- The family home. Who owns it, who keeps it, and how equity is shared.
- Inheritances and gifts. Whether they stay separate, and how to treat money that has been mixed with family funds.
- Business interests. How a business or practice is valued, and who keeps control.
- Debts. Who is responsible for which debts.
- Spousal support. Whether support will be paid, how much, and for how long. Learn more about spousal support.
Why this matters under Alberta law
Without an agreement, the Family Property Act decides how property is divided. Property gained during the marriage is generally shared equally. Inheritances, gifts and property owned before marriage are generally exempt, but only up to their value when received or on the date of marriage. Growth after that is usually shared, and exempt money mixed into joint assets can be hard to trace. A postnup lets you set your own terms. Learn more about property division in Alberta.
To see how the default rules could divide your property today, try our free property division calculator.
What a postnup cannot do
- Decide parenting or child support for good. A court always decides parenting based on the child’s best interests, and child support must meet the Federal Child Support Guidelines. Learn more about child support in Calgary.
- Guarantee a spousal support waiver. Courts can set aside support terms that were unfair when signed or that no longer fit the couple’s real lives.
Postnup vs Separation Agreement
These are easy to confuse. A postnup is signed by spouses who are staying together. It plans for a separation that may never happen. A separation agreement is signed when a couple has decided to separate, and it settles how they will divide property, parent and handle support.
Read should I have a separation agreement before leaving my spouse.
What Makes a Postnup Enforceable in Alberta
Alberta has strict signing rules. If the steps are missed, the agreement may not protect you, and the default property rules apply instead.
- In writing and signed by both spouses.
- Independent legal advice. Each spouse meets their own lawyer, apart from the other spouse. This is also your best protection against a later claim of pressure.
- Written acknowledgment. Each spouse confirms, in front of their own lawyer, that they understand the agreement, know what rights they are giving up, and are signing freely.
- Full financial disclosure. Each spouse shares their income, assets and debts.
Pressure is the biggest risk for postnups
Spouses who are already married have a lot at stake. If one spouse says “sign this or the marriage is over,” the other may later claim they signed under pressure. Courts look closely at how a postnup was made. Taking time, giving full disclosure, and keeping terms fair all help the agreement hold up.
How the Process Works
- Consultation. We learn what has changed in your marriage and what you want to protect.
- Financial disclosure. You and your spouse gather records of what changed, such as estate papers or business statements, plus your other assets and debts.
- Drafting. We draft terms that deal with the change directly, such as keeping an inheritance separate, or review your spouse’s draft.
- Negotiation. The two lawyers work through changes at a pace that does not pressure either spouse.
- Independent legal advice and signing. Each spouse meets their own lawyer and signs.
- Review later. We suggest a review after major events, such as a child, a new business or another inheritance.
What to Bring to Your First Meeting
A postnup usually starts with something that changed. Bring records that show what changed and when.
- Your marriage certificate and date of marriage
- For an inheritance or gift: the will or estate statement, the date you received it, and where the money went
- For a business: financial statements, articles of incorporation, shareholder agreements and any valuation
- The family home title and current mortgage statement
- Statements for bank accounts, investments, RRSPs, TFSAs and pensions, plus values on your date of marriage if you have them
- Your last three years of tax returns and notices of assessment
- Any prenup or marriage contract signed in another country or province, with a translation if it is not in English
Why Choose Shim Law
- Family law focus. We handle divorce and high net worth cases, so we draft agreements knowing how they are tested in court.
- Business law under the same roof. Shim Law also practises business law, so we can help protect a company or professional practice in your postnup.
- Over 20 languages. Helpful if you moved to Alberta and are replacing an agreement signed in another country.
- Calm, respectful approach. We help you protect yourself without straining your marriage.
Frequently Asked Questions
Are postnuptial agreements valid in Alberta?
Yes. Alberta law allows spouses to make a written property agreement at any time during the marriage. It must meet the same signing and independent legal advice rules as a prenup.
Can a postnup protect my inheritance?
Yes. An inheritance is generally exempt in Alberta, but only up to its value when you received it. Growth may be shared, and money mixed into the family home or joint accounts can be hard to trace. A postnup can keep it separate.
Can a postnup replace a prenup we signed in another country?
Often, yes. If your prenup may not meet Alberta’s rules, a postnup can confirm or replace it. Have an Alberta lawyer review the original first.
Does my spouse need a separate lawyer?
Yes. Alberta law requires each spouse to get independent legal advice from a different lawyer. For a postnup, separate advice also helps show that no one was pressured to sign.
Can a postnup be thrown out?
Yes, if the signing rules were not followed, if a spouse hid assets, or if one spouse was pressured. Spousal support terms can also be changed if they become unfair. Careful drafting and full disclosure make this much less likely.
How much does a postnup cost in Calgary?
Cost depends on what changed. Valuing a business or tracing an inheritance takes more time than a simple agreement about the family home. We give you a fee estimate at your first consultation, before any work begins.
Protect What You Have Built Together
A postnup gives you both certainty about the future, no matter what changes. Talk to a Calgary family lawyer at Shim Law about your postnuptial agreement.
Call (403) 476-2011 or book a consultation.
