Alberta Prenuptial (Pre-Marriage) Agreement by Megadox

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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.

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									         MARRIAGE CONTRACT, pursuant to the __________________________ Act (the “Act”), made
this ___ day of ____________, ______.


                                ___________________________ 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


1.1    _____________ 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

NOW THEREFORE in consideration of the parties’ marriage, _____________ and _______________ agree
as follows:


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-


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.


5.1     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.


6.1    The parties acknowledge that they will be deemed to have separated in the following

(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.


7.1      _______________ 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


8.1    _____________ and _______________ agree to share household and ordinary living expenses in a
manner proportional to their incomes.


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.


10.1     _____________ 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.


11.1     _____________ 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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