Marriage Contract (Alberta) by OLL

MARRIAGE AGREEMENT

THIS MARRIAGE AGREEMENT is made as of [Date].

BETWEEN:

[Party A Legal Name] of [Party A Address]

("[Party A Short Name]")

— and —

[Party B Legal Name] of [Party B Address]

("[Party B Short Name]")

(each a "Spouse" and together the "Spouses" or the "Parties")

WHEREAS the Parties [intend to marry each other on or about [Wedding Date] / were married to each other on [Marriage Date] at [Marriage Location]];

WHEREAS the Parties wish to define their respective rights and obligations concerning property and support, both during their marriage and if it ends, on the terms of this Agreement;

WHEREAS each Party has made the financial disclosure described in Schedule A and confirms it to be complete and accurate as of the date of this Agreement;

WHEREAS each Party has obtained, or has been given a genuine and reasonable opportunity to obtain, independent legal advice as recorded in Schedule B;

NOW THEREFORE in consideration of the marriage [or continuation of the marriage] of the Parties, the mutual covenants in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows:

PART A — DEFINITIONS AND DISCLOSURE

Definitions

In this Agreement, unless the context requires otherwise:

"Effective Date" means the date of this Agreement set out above;

"Exempt Property" means property that would be exempt from division under the Family Property Act, as further described in Schedule A, subject to section 3;

"Property" has the meaning given in the Family Property Act, and, for the purposes of this Agreement, includes property the Parties agree to treat as shared under section 3 regardless of the statutory definition.

Financial Disclosure

Each Party has completed, and attached as part of Schedule A, a sworn or solemnly affirmed statement of their assets, debts, and income as of [Disclosure Date], together with supporting documentation [listed in Schedule A].

Each Party confirms that the disclosure at Schedule A is, to the best of their knowledge, complete and accurate, and that they have not knowingly omitted or understated any significant asset, debt, or source of income.

This Agreement is entered into in reliance on the disclosure at Schedule A. If, after the Effective Date, either Party discovers that the other Party failed to disclose a significant asset, debt, or liability that existed as of the date of this Agreement, that discovery may be grounds to set this Agreement aside, in whole or in part.

[Include if the Parties intend to update disclosure periodically:] The Parties will update Schedule A every [Number] years, or on a significant change in either Party's financial circumstances, by signing and witnessing a replacement Schedule A.

PART B — PROPERTY

Property Division on Separation

Option A — Opt out of default division; each Party keeps their own property

If the marriage ends, each Party's property — including property acquired during the marriage in that Party's name alone — remains that Party's separate property, and is not subject to division under the Family Property Act, except for jointly titled property and property the Parties expressly agree in Schedule A to treat as shared. Neither Party will owe the other a division or equalizing payment.

Option B — Default regime applies, as varied in Schedule A

The Parties accept that the Family Property Act's default division regime applies to them, varied only as follows: [Describe variations — e.g., specific property treated as exempt that would not otherwise be, or specific property treated as divisible that would not otherwise be]. Property not addressed in this Option is divided in accordance with the Family Property Act's default rules.

The Parties' current property, and its treatment under whichever Option applies, is recorded in Schedule A.

Each Party will sign any document and take any step reasonably necessary to give effect to the property treatment recorded under this Part.

Debts. Each Party remains responsible for debts in their own name. Debts incurred jointly, or for the joint benefit of both Parties, are divided as set out in Schedule A, or if not specified, equally, regardless of which Option in section 3 applies to property.

Matrimonial Home / Family Home

[Describe ownership of the home the Parties share: e.g., owned solely by [Party A/B Short Name], who purchased it before the marriage began / owned jointly by the Parties as [joint tenants / tenants in common in [Percentage]/[Percentage] shares]].

[Include only after confirming Alberta permits a term of this kind:] [Describe any agreed treatment of possession or occupation of the home, if any, distinct from its ultimate ownership.]

The Parties' agreement about the home under this section is [included in / excluded from] Option A of section 3.

PART C — SUPPORT

Spousal Support

Option A — Mutual advance release of spousal support

Each Party waives, releases, and gives up any claim to spousal support from the other Party that might otherwise arise from their marriage, now or in the future. Each Party confirms they understand this waiver may not be reviewed again and have obtained independent legal advice specifically about it, as recorded in Schedule B.

Option B — Formula or capped support

If the Parties separate, spousal support (if any) will be determined [with reference to the Spousal Support Advisory Guidelines / subject to a maximum of [Amount] / subject to a maximum duration of [Number] months, increasing by [Number] months for each year of marriage], rather than being waived entirely.

Life and Disability Insurance

[Include if applicable:] Each Party will maintain life insurance of at least [Amount] naming the other Party as beneficiary for so long as [condition, e.g. a support obligation under this Agreement continues], and will provide proof of coverage on request.

PART D — CHILDREN

Child Support and Parenting Arrangements

Nothing in this Agreement limits, waives, or predetermines either Party's obligation to support, or right to seek support for, a child of the marriage, or either Party's rights or obligations concerning decision-making or parenting time for a child of the marriage. See the header warning — this Agreement does not attempt to address parenting arrangements at all, because a provision doing so would not be enforceable.

PART E — GENERAL

Review of This Agreement

The Parties will review this Agreement on the birth or adoption of a child, a significant change in either Party's income or assets, or every [Number] years, whichever comes first, and will update it in writing if their circumstances have materially changed.

Dispute Resolution

If a dispute arises about the interpretation or implementation of this Agreement, the Parties will first attempt to resolve it through [negotiation / mediation with a mutually agreed mediator] before either Party commences a court proceeding.

Section 9.1 does not prevent either Party from seeking urgent relief from a court, including in relation to the safety or well-being of a child.

Independent Legal Advice

Each Party confirms they have obtained, or have been given a genuine and reasonable opportunity to obtain, independent legal advice from a lawyer of their own choosing, separate from the other Party's lawyer, before signing this Agreement, as recorded in the certificates at Schedule B.

Each Party confirms they understand the nature and consequences of this Agreement, including the rights they are giving up.

General Provisions

This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta.

This Agreement is the entire agreement between the Parties relating to its subject matter and supersedes all prior discussions, negotiations, and agreements, whether written or oral.

No amendment to this Agreement is effective unless in writing and signed by both Parties in the presence of a witness.

If a provision of this Agreement is held unenforceable, it is severed and the remainder of this Agreement continues in force.

This Agreement may be executed in counterparts, including electronically, each of which is an original and all of which together form one agreement.

[Include only if signed shortly before a wedding:] This Agreement takes effect on the Parties' marriage to each other. If the Parties do not marry each other, this Agreement is void.

IN WITNESS WHEREOF the Parties have executed this Agreement as of the date first written above, in the presence of the witnesses below.

Schedule A — Financial Disclosure

A.1 [Party A Legal Name] — Assets, Debts, and Income as of [Disclosure Date]

Real property: [Description, address, estimated value, mortgage balance]

Bank accounts and investments: [Institution, account type, balance]

Pensions and retirement savings: [Plan/institution, estimated value]

Business interests: [Description, estimated value]

Vehicles and other significant personal property: [Description, value]

Property claimed as exempt from division: [Description, basis for exemption, e.g. owned before the marriage / inheritance / gift]

Debts and liabilities: [Creditor, balance]

Income: [Sources and annual amount, with reference to most recent notice of assessment / pay statements attached]

Supporting documents attached: [List]

A.2 [Party B Legal Name] — Assets, Debts, and Income as of [Disclosure Date]

Real property: [Description, address, estimated value, mortgage balance]

Bank accounts and investments: [Institution, account type, balance]

Pensions and retirement savings: [Plan/institution, estimated value]

Business interests: [Description, estimated value]

Vehicles and other significant personal property: [Description, value]

Property claimed as exempt from division: [Description, basis for exemption, e.g. owned before the marriage / inheritance / gift]

Debts and liabilities: [Creditor, balance]

Income: [Sources and annual amount, with reference to most recent notice of assessment / pay statements attached]

Supporting documents attached: [List]

A.3 Property treatment

Option selected under section 3: [Option A / Option B, and if B, the variations agreed]

Home ownership/equity treatment (section 4): [Describe]

Debts and how divided: [List]

Schedule B — Certificates of Independent Legal Advice

A mandatory attachment for each Party — this Agreement is not to be signed without both certificates, or without each Party having had a genuine and reasonable opportunity to obtain the advice described.

B.1 Certificate of [Party A Legal Name]'s Lawyer

I, [Lawyer Name], of [Law Firm Name], certify that:

I am a lawyer licensed to practise law in Alberta;

I met with [Party A Legal Name] separately from [Party B Legal Name] and [Party B Legal Name]'s lawyer;

I explained to [Party A Legal Name] the nature and effect of this Agreement, including the rights and claims being given up or varied by it;

[Party A Legal Name] appeared to understand my advice and signed this Agreement voluntarily, without apparent duress or undue influence, and without apparent pressure arising from proximity to a wedding date, in my presence.

Lawyer Signature: ______________________ Date: [Date]

B.2 Certificate of [Party B Legal Name]'s Lawyer

I, [Lawyer Name], of [Law Firm Name], certify that:

I am a lawyer licensed to practise law in Alberta;

I met with [Party B Legal Name] separately from [Party A Legal Name] and [Party A Legal Name]'s lawyer;

I explained to [Party B Legal Name] the nature and effect of this Agreement, including the rights and claims being given up or varied by it;

[Party B Legal Name] appeared to understand my advice and signed this Agreement voluntarily, without apparent duress or undue influence, and without apparent pressure arising from proximity to a wedding date, in my presence.

Lawyer Signature: ______________________ Date: [Date]