• Blog

Family law: Saying I do to a marriage contract

Marriage contracts are becoming more acceptable, but before signing on the dotted line, there are some things of which people should be aware. These types of contracts in Alberta -- which also include cohabitation agreements for couples who choose to live together without marrying -- fall under family law rules. Understanding how the law applies to these contracts is crucial before signing them.

Alberta, as in other provinces, has laws which detail how the division of assets should take place in the event of a divorce or separation. Having a marriage contract can speak to issues regarding a home that was brought into the marriage or relationship or what should happen if a spouse is given a gift before the marriage takes place. They are also used at times when an individual is marrying for a second time. A marriage contract must meet certain requirements under the law, so getting independent legal counsel may be beneficial.

For instance, it is incumbent upon each individual to disclose his or her financial picture -- assets, debts and income -- prior to the signing of any contract. Each person must understand what he or she is signing and understand the possible consequences of the contract. The contract would not be valid if any undue influence was exerted to get a signature.

There are many possible ramifications of signing these types of agreements. Getting the advice of a lawyer experienced in Alberta family law is the wisest move a client in this position might make. These types of contracts should always be drafted or at least reviewed by experienced lawyers.    

No Comments

Leave a comment
Comment Information

Understand your legal options. Make informed decisions. Contact the family law lawyers of Henderson Heinrichs LLP


Did You Enjoy Working With Our Firm?

Review Us

Vancouver Office
1188 West Georgia Street
Suite 1530
Vancouver, BC V6E 4A2

Toll Free: 866-649-7217
Toll Free: 1-844-669-3500
Phone: 604-669-3500
Fax: 604-689-9733
Vancouver Law Office Map

Edmonton Office
10025 102A Avenue NW
Suite 1812
Edmonton, AB T5J 2Z2

Toll Free: 866-649-7217
Toll Free: 1-844-669-3500
Phone: 780-428-0128
Fax: 780-428-1878
Edmonton Law Office Map