A prenup is not a plan to divorce. It is a plan to avoid a fight if the relationship ever ends. In Alberta, a well-made agreement lets you decide now, together and calmly, what happens to your home, savings, business and debts.
Shim Law’s Calgary family lawyers draft, review and negotiate prenuptial and postnuptial agreements. We also give the independent legal advice that Alberta law requires before an agreement can be enforced.
- Agreements for engaged couples, and postnups for married couples
- Drafting, review of your partner’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. Start at least three months before your wedding so neither of you feels rushed.
Living together but not planning to marry? See our cohabitation agreement lawyers page.
What a Prenup Can Cover in Alberta
These agreements go by several names. A prenuptial agreement (or marriage contract) is signed before a wedding. A postnuptial agreement is signed after the wedding. In Alberta, both are governed by the same rules under the Family Property Act.
A typical agreement can set out:
- Property you bring in. Which assets stay yours, and whether their growth in value stays yours too.
- The family home. Who owns it, who keeps it, and how equity is shared if you separate.
- Business interests. How a business or professional practice is valued and who keeps control.
- Gifts and inheritances. Whether they stay separate, even if they are mixed with family money later.
- Debts. Who is responsible for student loans, mortgages and other debts from before and during the marriage.
- Spousal support. Whether support will be paid, how much, and for how long.
- Estate planning. How the agreement fits with your will, life insurance and pensions.
Why the growth in value matters
Under the Family Property Act, property you owned before marriage is generally exempt from division, but only up to its value on the date of marriage. Any increase after that date is usually shared. For a home, business or investment account that grows over a long marriage, that increase can be the largest asset in the case. A prenup can keep that growth separate if both partners agree. See does my spouse have any right to my house if I owned it before marriage for more.
Curious how Alberta’s default rules would split your property without a prenup? Try our free property division calculator for a quick estimate.
What an agreement cannot do
- Decide parenting or child support for good. A court always decides parenting based on the child’s best interests. Child support belongs to the child and 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. Careful drafting lowers this risk. Learn more about spousal support.
What Makes a Prenup Enforceable in Alberta
Alberta has strict signing rules for these agreements. If the steps are missed, a court may treat the agreement as if it does not exist, and the property rules in the Family Property Act apply instead.
For property terms to hold up, the agreement must be:
- In writing and signed by both partners.
- Backed by independent legal advice. Each partner must meet with their own lawyer, apart from the other partner. One lawyer cannot act for both of you.
- Acknowledged in writing. Each partner confirms, in front of their own lawyer, that they understand the nature and effect of the agreement, that they know what rights they are giving up, and that they are signing freely without pressure.
Courts also look closely at how the agreement was made. These steps protect it:
- Full financial disclosure. Each partner lists their income, assets and debts. Hidden assets are a common reason agreements fail.
- Enough time. An agreement signed days before a wedding invites claims of pressure.
- Fair terms that can adapt. Terms that would leave one partner in hardship are at risk, especially if children arrive or one partner leaves work.
Independent legal advice for your partner’s agreement
If your partner’s lawyer has already drafted an agreement, you still need your own lawyer. We review the draft, explain what you are giving up, suggest changes and sign the certificate of independent legal advice.
Who Should Consider a Prenup
An agreement is worth discussing if you:
- Own a home, rental property or investments before marriage
- Own a business or a share of a professional practice (how to protect your business from divorce)
- Expect a gift or inheritance from family
- Earn much more, or much less, than your partner
- Have children from a past relationship and want to protect their inheritance
- Are marrying again later in life (grey divorce cases often turn on these issues)
- Already live with your partner. Alberta’s property rules can apply to partners before they marry, so your prenup should also cover property gained since you moved in. Not planning to marry? A cohabitation agreement is the better fit.
- Hold significant wealth (high net worth prenups)
How the Process Works
- Consultation. We learn your goals, timeline and assets, and explain how Alberta law would treat your property without an agreement.
- Financial disclosure. Both partners gather statements for income, property, investments, pensions and debts.
- Drafting. We prepare a clear draft in plain language, or review the draft your partner’s lawyer sent.
- Negotiation. The two lawyers work through changes until both partners are comfortable.
- Independent legal advice and signing. Each partner meets their own lawyer, signs the acknowledgment and signs the agreement. We aim to finish at least a few weeks before the wedding.
- Review later. We suggest a review after major life events, such as a child, a new business or a large inheritance.
Most agreements take four to eight weeks from first meeting to signing. Complex assets or long negotiations can take longer.
What to Bring to Your First Meeting
You do not need everything on day one, but this list helps us give you a clear plan and fee estimate. Full disclosure is also what makes a prenup hold up later.
- Your wedding date, and your partner’s lawyer’s name if they have one
- A list of what you own now, with rough values: bank accounts, investments, RRSPs, TFSAs, pensions, real estate and vehicles
- Recent statements for any debts, such as a mortgage, student loans, lines of credit or credit cards
- Your last three years of tax returns and notices of assessment
- If you own a business: financial statements, shareholder agreements and any recent valuation
- Details of any gift or inheritance you expect to receive
- Any existing agreement, such as a cohabitation agreement or a prenup from another country
Why Choose Shim Law
- Family law focus. Our lawyers handle property division and divorce cases every week. We draft agreements knowing how they are tested in court.
- Built to hold up. We follow Alberta’s signing and disclosure rules closely so your agreement does what it says.
- Plain language. You will understand every clause before you sign.
- Over 20 languages. We can explain your agreement in your first language, including Korean, Mandarin, Cantonese, Spanish, Tagalog, Punjabi and Farsi.
- Calm, respectful approach. We help you protect yourself without damaging your relationship.
Frequently Asked Questions
How much does a prenup cost in Calgary?
Cost depends mainly on how many assets need to be valued, whether a business is involved, and how much back-and-forth there is between lawyers. Starting early helps, because agreements rushed before a wedding often cost more. We give you a fee estimate at your first consultation, before any work begins.
Can we use one lawyer for both of us?
No. Alberta law requires each partner to get independent legal advice from a different lawyer. One lawyer can draft the agreement, but your partner must have their own lawyer review it and sign the acknowledgment.
Is it too late to get a prenup if we are already married?
No. A postnuptial agreement follows the same rules and can be signed at any point during the marriage.
What if we already live together?
A prenup still works, but it should also cover property gained since you moved in. In Alberta, partners who live together can gain property rights before they marry. If you have no plans to marry, see our cohabitation agreement lawyers page instead.
Can a prenup be thrown out?
Yes, if the signing rules were not followed, if a partner hid assets, or if one partner was pressured. Spousal support terms can also be changed if they become unfair. Careful drafting and full disclosure make this much less likely. Read can a prenuptial agreement affect your divorce in Alberta.
Does a prenup from another country or province apply in Alberta?
It may, but it may not meet Alberta’s signing rules. If you signed an agreement elsewhere and now live in Alberta, have an Alberta lawyer review it. A new or confirming agreement may be needed.
How far before the wedding should we start?
Start at least three months before the wedding. This leaves time for disclosure, negotiation and independent legal advice, and it avoids any claim that one partner was rushed.
Protect Your Future With a Clear Agreement
A good agreement gives you both certainty, so you can focus on building a life together. Talk to a Calgary family lawyer at Shim Law about your prenup, postnup or independent legal advice.
Call (403) 476-2011 or book a consultation.
