Marriage and Family Law

Draw up prenuptial, custody, maintenance agreements, separation, cohabitation and matrimonial property agreements with these Marital and Family Law Forms.


Q. What does the term family law cover?

A. Family law is the branch of law that deals with domestic and family matters such as:

  • matrimony, civil unions (domestic partnerships),
  • divorce, separation, support and maintenance,
  • custody and visitation,
  • spousal and child abuse,
  • adoption and foster care,
  • guardianship,
  • paternity.

Q. What is a cohabitation agreement?

A. A cohabitation agreement is a legal document entered into by two unmarried partners who plan to live together in a spousal relationship. The purpose of a cohabitation agreement is much like that of a prenuptial agreement - the partners agree on who owns what going into the relationship, and who will own what if the relationship ends. It also sets out the party's rights and obligations with respect to jointly owned property, child support and maintenance, debt repayment and other issues.


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Alberta Adult Interdependent Partner Agreement

Common law opposite-sex or same sex couples can qualify for certain rights and benefits under Alberta law by signing an Adult Interdependent Partner Agreement.

In order to be eligible, you and your partner must:
  1. be emotionally committed to one another,
  2. share each other's lives,
  3. function as an economic and domestic unit, and
  4. must not be married to another person at the same time.
Signing this Agreement means:
  • You and your partner are obligated to financially support each other.
  • You can register for joint coverage under Alberta Health Care.
  • Both partners are eligible for insurance coverage currently available to spouses.
  • Partners are entitled to all or part of a deceased partner's estate if he/she died without a will.
  • Other rights and privileges available to married couples.

This template conforms to the statutory form required by provincial law for an Alberta Adult Interdependent Partner Agreement.


Alberta Cohabitation Agreement

Do you and your significant other live together? Are you planning to? If you live in Alberta, you should sign this Cohabitation Agreement.

  • A cohabitation agreement is an effective means for any couple to determine what happens with respect to property division and spousal support if they split up.
  • The Alberta Matrimonial Property Act does not apply to common law couples. An agreement can ensure that your home and other assets are divided fairly.
  • You can also set out how your children will be raised, supported and cared for.
  • Before signing, you will need to see a lawyer to obtain independent legal advice. For your convenience, the template includes a Certificate of Independent Legal Advice for each party.
If you're not sure how your joint property will be dealt with if your relationship ends, get this Alberta Cohabitation Agreement. Then sit down with your partner and customize it to fit with your wishes and needs.

Alberta Matrimonial Property Contract

Reconciling spouses in Alberta should sign this Matrimonial Property Contract to specify what will happen to the matrimonial home if they should decide to divorce.

  • This agreement is only for couples who have no children.
  • The contract sets out the rights and interests that each spouse has in the matrimonial property (e.g. the home they live in), and their respective individual assets.
  • Neither spouse will have an interest in the other's RRSP contributions.
  • The parties intend that the contract will be the sole determinant of the disposing of the matrimonial property, and the contract will survive any divorce judgment granted to the parties.

The Alberta Matrimonial Property Contract can help make a final break-up much easier on both parties. Download it today.


Alberta Prenuptial Agreement

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.
  • You will both have to see a lawyer in order to get independent legal advice about the rights you are giving up before you sign it. If you fail to do that, the agreement will not be legally valid.

It is important to discuss this matter with your partner before you get married. Putting an Alberta Prenuptial Agreement in place is in the best interests of both of you.


Alberta Reconciliation Agreement

A reconciling couple can set out in writing how property, custody and support issues will be handled if they split up again with this Reconciliation Agreement for Alberta.

  • The spouses agree to each take active roles in raising and nurturing the children, and to consult with each other on important issues such as health care, education and religion.
  • Child support will be paid in accordance with the Federal Child Support Guidelines or as amended by court order.
  • Both parents will contribute to the child's medical and dental expenses that are not covered by insurance.
  • If they separate again, the custodial parent will have possession of the matrimonial home and the other parent will have no interest in or claim to it.
  • Each party will pay its own debts, own its own property, and be solely entitled to its own pension and RRSP contributions.
  • Each party gives up any claim to the other's estate.
  • The parties intend that the Agreement survive any divorce judgment.
  • You will need to see a lawyer prior to signing the Agreement, to obtain independent legal advice and ensure that you understand what you are signing.

Breaking up is hard to do, but you can make dealing with it a lot easier by signing this Alberta Reconciliation Agreement.


Alberta Separation Agreement

Have you and your spouse decided to separate? If you live in Alberta, you can put the terms of the separation in writing with this Separation and Matrimonial Property Agreement.

  • The Separation Agreement assumes that the parties own the matrimonial home (principal residence) as joint tenants.
  • The parties agree to transfer title to the property into one name alone.
  • The transferee of the title will buy out the share of the other party.
  • Each party releases the other from any support or alimony claims.
  • Neither party is entitled to pension benefits or RRSP of the other party.
  • The Separation Agreement also provides for joint custody of minor children.
  • This legal template is for married couples and cannot be used by cohabiting (common law) couples.

Get this Separation and Matrimonial Property Agreement for Alberta residents to help smooth out the separation process.