To ensure a cohabitation agreement remains valid after you get married in Alberta, the original document must include a specific “contemplation of marriage” clause. If this clause is missing, you generally must draft an addendum or execute a entirely new marriage contract before your wedding day to protect your assets under the Family Property Act.
Living together before tying the knot has become the norm for most couples in Canada. In Alberta, unmarried couples who live together in a relationship of interdependence for at least three years are classified as Adult Interdependent Partners (AIPs). To protect their separate assets and outline financial expectations, many AIPs proactively sign a cohabitation agreement. However, a major legal hurdle arises when that same couple decides to get married. Changing your legal status from common-law to legally married can fundamentally alter or even void your previous agreements if you are not careful.
Under the Alberta Family Property Act, the rules governing property division for married couples are rigorous. 📜 If your cohabitation agreement was drafted simply to govern a common-law relationship, a judge at the Court of King’s Bench may not view it as a binding marriage contract (prenuptial agreement) after your wedding. To prevent your hard-earned assets from falling under standard 50/50 division rules, you must properly transition your agreement. This guide explains the exact steps required to legally seamlessly upgrade your cohabitation agreement into a robust marriage contract in Alberta.
Step-by-Step Process in Alberta
Whether you drafted your original agreement while living in Calgary, Red Deer, or Fort McMurray, the procedure for upgrading your contract requires strict attention to legal detail. You cannot simply cross out the word “cohabitation” and write “marriage” in pen. The transition must satisfy the formal requirements of Alberta’s family law. Here is the recommended step-by-step approach.
Step 1: Review the Existing Agreement
Your first step is to thoroughly read your current cohabitation agreement. 🔍 You are looking for a specific legal paragraph known as a “Contemplation of Marriage” clause. This clause explicitly states that if the two parties ever legally marry, the agreement will survive the marriage and automatically transition into a binding marriage contract. If this precise language is present, and full financial disclosure was provided when you signed it, your agreement may already be safe.
Step 2: Consult a Family Law Firm
Even if you believe the contemplation clause is there, it is highly recommended to have an Alberta family lawyer review the document. Over time, your financial situation likely changed. You may have purchased a new home, started a business, or had children. A lawyer will assess whether the old agreement still accurately reflects your current net worth and whether it fully complies with the current version of the Family Property Act.
Step 3: Draft an Addendum or a New Contract
If your original agreement lacks the contemplation of marriage clause, or if your finances have changed significantly, your lawyer will need to draft new paperwork. 📄 For minor updates, they can draft an Amending Agreement (an addendum) that legally links to the original contract and explicitly states it will serve as your marriage contract. If your financial picture is vastly different, it is usually cleaner and legally safer to draft a brand-new, comprehensive prenuptial agreement.
Step 4: Execute with Independent Legal Advice (ILA)
This is the most critical step in Alberta family law. Whether you are signing a short addendum or a completely new marriage contract, both partners must receive Independent Legal Advice (ILA) from two separate lawyers. The lawyers will explain the rights you are keeping or waiving under the marriage laws. You must sign the new document in front of these lawyers, who will then attach their ILA certificates to the back. Without fresh ILA, the updated contract is completely void.
How Much Does it Cost in Alberta?
The cost of transitioning your agreement depends entirely on whether you need a simple review or a brand-new contract drafted from scratch. Transitioning a contract is a private matter, so there are no government filing fees. Here is an overview of the estimated costs in Canadian dollars (CAD):
- Legal Review: Having a lawyer review your existing cohabitation agreement to confirm it survives marriage usually costs between $300 and $600 CAD.
- Drafting an Addendum / Amending Agreement: If minor tweaks and a contemplation clause are added, expect to pay $800 to $1,500 CAD.
- Drafting a New Marriage Contract: If a complete rewrite is necessary, drafting fees typically range from $1,500 to $3,500+ CAD.
- Independent Legal Advice (ILA): The partner not drafting the contract will need their own lawyer, which costs an additional $400 to $800 CAD.
| Legal Service | Estimated Cost (CAD) |
|---|---|
| Review of Existing Agreement | $300 – $600 |
| Drafting an Addendum | $800 – $1,500 |
| Drafting a New Marriage Contract | $1,500 – $3,500+ |
| Independent Legal Advice (ILA) | $400 – $800 |
How Long Does the Process Take?
Do not leave this task until the week of your wedding. ⌛ Having a lawyer review an existing contract takes about 1 to 2 weeks. If an addendum or a new marriage contract must be drafted, the law firm will generally need 3 to 5 weeks to gather updated financial disclosures, draft the document, and arrange for the other partner to receive their Independent Legal Advice. It is best to start this transition at least two months before you say “I do.”
Frequently Asked Questions (FAQ)
What happens if we get married and our cohab agreement doesn’t have the contemplation clause?
If the agreement explicitly states it only applies to a common-law relationship, marrying can effectively void the contract. If you separate later, your property would likely be divided equally under the standard rules of the Alberta Family Property Act, ignoring your previous intentions.
Do we need to disclose our finances again?
Yes. If you are signing an amending agreement or a new marriage contract, Alberta law requires fresh financial disclosure. You cannot rely on a list of assets from three years ago, as hiding new assets can result in the contract being invalidated by a judge.
Can we just sign an amendment ourselves and have it notarized?
No. Under Alberta law, any domestic contract dealing with family property must include Independent Legal Advice (ILA) from qualified lawyers. A standard notary public or registry agent cannot provide this legal advice, rendering a self-made amendment legally useless.
Can we update the agreement after we are already married?
Yes. If you are already married, you can sign a Postnuptial Agreement. The legal requirements—full financial disclosure and separate ILA for both spouses—are exactly the same as they are for a prenuptial agreement or cohabitation transition.
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