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Prenuptual Agreements

In Alberta, division of property on marital breakdown is governed by the Matrimonial Property Act. Under the Act, marriage is treated as an economic partnership. Property accumulated during the marriage is divided on marriage breakdown.

This regime may be undesirable or inappropriate in certain circumstances, for instance where one or both of the partners have obligations to dependents from a previous relationship or where the spouses simply wish to keep their economic interests separate.

It is possible for spouses to agree in advance that the Act will not apply to them and to specify their own arrangements for division of property should the marriage break down. It may be desirable to do this in a number of situations. The most common are where one or both of the partners have obligations to dependents arising from a previous relationship or where one or both partners have accumlated substantial assets prior to the marriage.

An agreement to opt out of the Matrimonial Property Act must be prepared by a lawyer to be valid and each spouse must have separate independent legal advice.

At Birkett Ticoll our goal is to assist you in finding an effective and practical solution to your family law problems. Call us for a free telephone consultation.


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