If you're getting married soon and you're an Alberta resident, you and your future spouse should consider signing this Prenuptial (Pre-Marriage) Agreement.
- The purpose of the Agreement is to clearly establish what the rights and obligations of each party are with respect to joint and individual personal property, in the event that the marriage breaks down.
- Assets owned by each party prior to the marriage remain the sole property of the individual party.
- Each party acknowledges that they have no right to the assets of the other party.
- Household and living expenses will be shared proportionally according to income.
- The Agreement will be the sole determinant of the division of property during the marriage and the parties waive their rights under any legislation or under common law.
This Alberta Prenuptial (Pre-Marriage) Agreement is provided in MS Word format, and is fully editable to fit your specific circumstances.
MARRIAGE CONTRACT, pursuant to the __________________________ Act (the “Act”), made this ___ day of ____________, ______. BETWEEN: ___________________________ of the City of _____________, in the Province of _____________ (hereinafter called “_____________”) OF THE FIRST PART - and - _________________________ of the City of _____________ in the Province of _____________ (hereinafter called “_______________”) OF THE SECOND PART PRE-MARRIAGE CONTRACT 1.0 RECITALS 1.1 _____________ and _______________ are man and woman, and intend to be married on ____________________. 1.2 _____________ and _______________ desire to provide for the orderly settlement of their affairs and their respective rights and obligations under the marriage or upon separation or annulment or dissolution of the marriage as particularly herein set out. 1.3 This Agreement is made pursuant to the Act. 1.4 Either _____________ and _______________ have been fully informed of the property, estate and prospects of the other and each has been fully and independently advised and informed of his or her respective rights and liabilities against and to the other and to and in the property and estate of the other; or _____________ and _______________ are aware of their legal right to full disclosure of the property, estate and prospects of the other and are each waiving that right after having obtained independent legal advice. 1.5 It is the intention of _____________ and _______________ that this Agreement shall be the sole determinant of the division of any property gifted to or inherited by either or both of them, including, without restricting the generality of the foregoing, any interest gifted to, conveyed to or purchased by _____________ directly or indirectly, including any and all of _____________’s Business Enterprises, as defined herein, (including all real and personal property forming a part thereof) or any one or more of _____________’s Holding Companies. 1.6 It is the intention of _____________ and _______________ that this Agreement shall be the sole determinant of the division of the property now owned, used or enjoyed by either or both of them. -2- NOW THEREFORE in consideration of the parties’ marriage, _____________ and _______________ agree as follows: 2.0 DEFINITIONS 2.1 In this Agreement, the following word or groups of words have or include the meaning shown corresponding thereto as follows: (a) “Business Enterprise” means any commercial undertaking whether incorporated or otherwise which involves active or passive participation by either party to this Agreement; (b) “herein”, “hereof”, “hereto”, “hereunder”, “heretofore”, “hereafter”, “herewith”, and similar words or expressions refer to this Agreement and not to a particular section or sections thereof, unless the context or subject matter otherwise so requires; (c) “Holding Company” means any one or more corporations or trusts in existence as at the date of execution hereof or which may be incorporated or settled hereafter which either party may own or have any interest in, which in turn owns or holds other assets, real and personal property, including shares in other corporations or trusts. (d) “Act” means the _________________________ Act; (e) “matrimonial property” and “matrimonial home” have the same meaning ascribed to such terms in the Act; (f) “section” includes what are sometimes called sections, sub-sections, paragraphs or sub- paragraphs. 3.0 APPLICABLE LAW 3.1 The proper law of this contract shall be the laws of _____________. The parties hereto intend all of their affairs and property to be governed by this contract and the laws of _____________. 3.2 The parties hereto agree that this contract is valid and enforceable in _____________, that they intend it to be an Agreement pursuant to the Act and that it is legally binding. 4.0 TITLE 4.1 The section titles in this contract are for convenience only and shall not be construed to affect the meanings of the sections so titled. 5.0 SEVERABILITY 5.1 In the event that any provision of this Agreement, or any agreement to amend or rescind it as a Domestic Contract is found to be invalid, it is the intention of _____________ and _______________ that each provision of that Agreement, or any agreement to amend or rescind it, be construed as a separate agreement under ordinary contract law and be enforceable as such. Further, the invalidity of any particular provision of this Agreement shall not affect any other provision herein, but the Agreement shall be construed as if such invalid provisions were omitted. -3- 6.0 SEPARATION 6.1 The parties acknowledge that they will be deemed to have separated in the following circumstances: (a) a continuous period of separation exceeding ninety (90) days, where either party does not intend to return to live together with the other; or (b) either party commencing any type of legal proceedings against the other party for divorce, judicial separation or division of their matrimonial property; or (c) the mutual written agreement by the parties to end their marriage or their marital relationship, provided that the parties living apart as a result of disability shall not be considered to be a separation for the purposes of this Agreement. 7.0 PERSONAL AND REAL PROPERTY AND BUSINESS ENTERPRISES (AND INTERESTS THEREIN) 7.1 _______________ hereby waives and releases any and all rights and claims (s)he may have to any interest at any time held by, gifted to, conveyed to or purchased by _____________ directly or indirectly in the following assets and any accretions thereto: Description of Asset Estimated Encumbrances Estimated Net Value Value 7.2 _______________ hereby waives and releases any and all rights and claims (s)he may have to any interest at any time held by, gifted to, conveyed to or purchased by _____________ directly or indirectly in any and all Business Enterprises or Holding Companies (including all real and personal property forming a part thereof) and any accretions thereto. 7.3 Without restricting the generality of the foregoing and for further clarity, _______________ covenants, acknowledges and agrees that _____________ is currently an owner or shareholder in _______________________, and that, in the event of his/her separation or divorce from _____________ (because of unhappy domestic differences, or otherwise), _______________ acknowledges, covenants and agrees that (s)he has no claim whatsoever to any interest whatsoever of _____________ in ______________________________ and any accretions thereto, and (s)he will execute all further assurances, agreements and understandings, upon demand by _____________, acknowledging that (s)he has no interest whatsoever in __________________________, or in the interest of _____________ in _______________________________. -4- 8.0 HOUSEHOLD EXPENSES 8.1 _____________ and _______________ agree to share household and ordinary living expenses in a manner proportional to their incomes. 9.0 AGREEMENT TO DETERMINE DIVISION OF PROPERTY 9.1 It is the parties’ intention that this Agreement shall be the sole determinant of the ownership and division of their property during their marriage. This Agreement shall survive any subsequent separation, divorce or death, and each party specifically waives all rights he or she may have to the property of the other pursuant to: (a) Part ___ of the Act; (b) the common law; (c) the doctrine of implied, resulting, or constructive trust; (d) the doctrine of quantum meruit; (e) the doctrine of unjust enrichment; (f) any present or future law of the Province of _____________ or any other jurisdiction; (g) any other doctrine at equity or at law; or (h) any right to compensation by reason of any direct or indirect contribution. 9.2 No contribution of any kind made by one party to enable the other to acquire, maintain, improve, dispose of or otherwise deal with any property shall entitle the contributing party to any claim against the other or to any claim of interest in the property of the other or the proceeds of sale thereof unless agreed to in writing signed by both parties. Any such contribution shall be conclusively deemed an absolute gift from the one to the other. 10.0 SEPARATE PROPERTY 10.1 _____________ and _______________ agree that they shall, during their respective lifetimes, keep and retain sole ownership, control and enjoyment of all property, real or personal, now owned by him or her, free and clear from any claim by the other except as provided in this Agreement. 11.0 FUTURE ACQUISITIONS 11.1 _____________ and _______________ agree that upon their marriage, all income earned by either party and all income or increases of value on property held by them prior to their marriage, except for the property and those interests referred to in Article 7 hereof, which shall remain _____________’s separate property, and all property accumulated during the course of their marriage with monies or earnings of either party, whether real or personal, shall be considered to be joint property; provided however, any income earned by _____________ or any income or increase in value of any property, interest or asset whatsoever, converted or invested by _____________ into one or more of the assets or property described in Article 7 hereof, shall become _____________’s separate property. All joint property is to be divided equally between the parties upon separation of the parties. 11.2 _______________ covenants, acknowledges and agrees that (s)he neither has nor will advance any claim or entitlement to any assets, interests or property whatsoever directly or indirectly acquired by or through any Holding Company of which _____________ is a beneficial owner, now or in the future, specifically including (without
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