Marriage Contract (Alberta) by OLL
This marriage agreement is for couples in Alberta who are married or planning to marry and wish to pre-determine the division of property and spousal support. It provides for comprehensive financial disclosure and requires certificates of independent legal advice to minimize the risk of the agreement being set aside.
This document comes from OLL's library of vetted legal templates
MARRIAGE AGREEMENT
This template is for two people in Alberta who are married to each other, or intend to marry, and want to agree in advance how property and support will be handled if the marriage ends. VERIFY the precise term Alberta's Family Property Act and Family Law Act use for an agreement of this kind before assuming "marriage agreement" is the exact term of art, rather than simply the clearest plain label — do not assume it matches Ontario's specific "marriage contract" terminology. It is not for an unmarried couple, whether or not they are Adult Interdependent Partners (use cohabitation-agreement) and not for people who have already separated (use separation-agreement). Not suitable for use in Quebec.
⚠️ This Agreement can be set aside. A court can set aside all or part of a family property or family law agreement — including this Agreement — where a party failed to disclose significant property, debt, or income, or where a party did not understand the nature or consequences of the Agreement. Alberta's Family Property Act and Family Law Act set out grounds of this kind. VERIFY the exact section numbers and current statutory wording before this warning is treated as settled — the citation registry flags these as unconfirmed. Complete and exchange the financial disclosure at Schedule A honestly and completely, and do not rely on this Agreement being effective until each Party has had a genuine opportunity to obtain independent legal advice.
⚠️ Do not port Ontario's matrimonial-home rule into this template. Ontario's Family Law Act specifically prohibits spouses from contracting out of the equal right of possession of the matrimonial home, and any marriage contract term purporting to do so is unenforceable there. I have not confirmed that Alberta's family property legislation imposes the same absolute prohibition on possession-limiting terms for the home the Parties share. Section 4 is therefore drafted to let the Parties address the home's ownership, equity treatment, and (unlike the Ontario template) possession, but flags this as an open question rather than either asserting Alberta permits it or silently importing Ontario's bar. VERIFY the current Alberta rule before advising the Parties on what section 4 can validly do.
⚠️ Parenting arrangements cannot be pre-determined by this Agreement. A provision in this Agreement purporting to finally and irrevocably fix decision-making or parenting time for a child of the marriage — including a future child not yet born — is not enforceable. A court retains jurisdiction to decide parenting matters based on the best interests of the child at the relevant time, regardless of what this Agreement says. VERIFY the exact statutory basis for this limitation before stating it as settled in user-facing text. This Agreement does not attempt to include a parenting section for that reason.
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Canada note
This version is drafted for Canada. Provinces differ on employment standards and Quebec applies civil law rather than common law. Tell GitLaw which province applies and it adjusts the draft.
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