Marriage, Cohabitation, and Domestic Agreements

The Matrimonial Property Act of Alberta allows parties to settle the division of property in any manner they see fit, provided that their agreement is in writing and that each party has independent legal advice. This allows parties to arrive at agreements regarding the division of their property at the end of their relationship, or to set the rules for how their property would be divided, should the relationship end (i.e. a prenuptial or cohabitation agreement). Agreements may also include terms related to child support, parenting of children, access and spousal support. The Court always maintains the jurisdiction to vary such Agreements as they relate to parenting and support issues if there is a material change in circumstances not contemplated in the Agreement.

Parties may also enter into written agreements regarding the division of their assets when entering or terminating a common law/non-marital relationship.

The Lawyers at Foster LLP are available to assist you in all aspects of arriving at a final agreement at the end, or beginning of a relationship. This may include working in consultation with you while you participate in mediation, or negotiate matters with your spouse, or may require much greater involvement by the lawyers. In each case, the lawyers will discuss the cost of putting matters into an agreement and the manner in which the contents of the agreement can be determined, negotiated, mediated or otherwise agreed upon.