Checklist

Checklist: Alberta

One row per catalogued topic, for both instruments. An empty row is a package gap, not a claim that no law exists.

marriage contract

formalities

formalitiesstatute

Family Property Act, S.A. 2000, c. F-4.7

Marriage-contract form

Family-property agreements under the Family Property Act must meet the Act’s writing and acknowledgement requirements. This is not Québec notarial form.

  • Photos and unsigned templates are not a completed domestic contract.
  • If the file calls itself a prenup, the formation question is still this province’s marriage-contract form, not California Fam. Code or Sambolagen.

acknowledgment

acknowledgmentstatute

Family Property Act, S.A. 2000, c. F-4.7

Witnesses, notaries, and acknowledgements

Family-property agreements under the Family Property Act must meet the Act’s writing and acknowledgement requirements. This is not Québec notarial form.

  • Witnessing, if required, is a provincial formality. It is not a U.S. notary acknowledgment statute.

property

propertystatute

Family Property Act, S.A. 2000, c. F-4.7

Default property regime for spouses

Alberta family property is a provincial division scheme for spouses and qualifying adult interdependent partners, not Ontario NFP math and not Québec family patrimony.

  • The contract’s job is usually to modify or confirm that default, within what the statute lets parties do.
  • Do not assume an Alberta cohabitation file is outside property legislation the way an Ontario unmarried couple often is.

permitted_subjects

permitted subjectsstatute

Family Property Act, S.A. 2000, c. F-4.7

What this instrument can try to cover

A marriage contract typically addresses property, debts, and sometimes support between spouses. Public-order limits (Québec family patrimony; child support everywhere) still apply.

  • Estate, beneficiary, and corporate-share clauses may need other instruments. Flag them as possibly outside this pack’s core statute.

spousal_support

spousal supportstatute

Family Property Act, S.A. 2000, c. F-4.7

Support language versus support law

Spousal/adult-interdependent support sits in other Alberta family statutes and federal divorce law where applicable.

  • Federal Divorce Act analysis for married spouses is a gap this pack flags rather than filling from memory.

child_support

child supportstatute

Family Property Act, S.A. 2000, c. F-4.7

Children are not ordinary contract subjects

Child support cannot be treated as a private waiver of a child’s right.

  • Parenting time, custody labels, and child-support waivers should be routed to a lawyer. This product does not decide them.

voluntariness

voluntarinessstatute

Family Property Act, S.A. 2000, c. F-4.7

Setting aside, disclosure, and advice

The Act addresses when an agreement may be disregarded, including disclosure and fairness concerns. Independent legal advice is often evidence, not a statutory rubber stamp.

  • Independent legal advice certificates, if attached, are evidence. They are not U.S. statutory forms and they do not decide the case.
  • Financial schedules referenced but not in the upload are missing-exhibit questions, not proof of disclosure.

financial_disclosure

financial disclosurestatute

Family Property Act, S.A. 2000, c. F-4.7

Financial disclosure as a fairness fact

Canadian family agreements are often judged partly on whether each party knew the assets and debts. This pack does not invent a U.S. statutory disclosure exhibit list.

  • If the contract recites schedules that are not in the file, say so. Do not invent net-worth numbers from intake.

independent_counsel

independent counselstatute

Family Property Act, S.A. 2000, c. F-4.7

Independent legal advice

Canadian family agreements often stand or fall partly on whether each party could get advice. That is not a uniform statutory certificate across provinces, and Québec notarial counseling is a different professional model from common-law ILA letters.

  • Absence of an ILA letter is not automatic invalidity. Presence of a letter is not automatic validity.

timing

timingstatute

Family Property Act, S.A. 2000, c. F-4.7

Timing around the wedding

A first draft delivered immediately before a wedding is a voluntariness and understanding fact. Canada does not use a single U.S.-style statutory waiting period in these packs.

  • Effective-date language in the contract is not proof the statutory regime attached on that date.

limitations

limitationsstatute

Family Property Act, S.A. 2000, c. F-4.7

What this pack will not invent

Do not assume an Alberta cohabitation file is outside property legislation the way an Ontario unmarried couple often is.

  • Conflicts of laws if the couple later lives in another province or country are a gap.
  • Tax, immigration, and Indigenous family-law systems are not fully catalogued here.

cohabitation agreement

formalities

formalitiesstatute

Family Property Act, S.A. 2000, c. F-4.7; Adult Interdependent Relationships Act, S.A. 2002, c. A-4.5

Cohabitation-agreement form

Adult interdependent partners may make family-property agreements. Formation follows the Family Property Act, not Ontario FLA s. 55 labels.

  • Photos and unsigned templates are not a completed domestic contract.
  • If the file calls itself a prenup while the parties are unmarried, classify it against this province’s cohabitation rules rather than renaming it a marriage contract.

acknowledgment

acknowledgmentstatute

Family Property Act, S.A. 2000, c. F-4.7; Adult Interdependent Relationships Act, S.A. 2002, c. A-4.5

Witnesses and proof of the cohabitation writing

Adult interdependent partners may make family-property agreements. Formation follows the Family Property Act, not Ontario FLA s. 55 labels.

  • Witnessing, if required, is a provincial formality. It is not a U.S. notary acknowledgment statute.

property

propertystatute

Family Property Act, S.A. 2000, c. F-4.7; Adult Interdependent Relationships Act, S.A. 2002, c. A-4.5

Default property position if unmarried

Adult interdependent partners (often three years of cohabitation, a child plus a relationship of interdependence, or a registered agreement) can fall inside family-property legislation. That is closer to BC than to Ontario equalization-for-married-only.

  • Do not assume the couple is already in a spouse-like property statute. Read this province’s trigger.
  • Do not assume an Alberta cohabitation file is outside property legislation the way an Ontario unmarried couple often is.

permitted_subjects

permitted subjectsstatute

Family Property Act, S.A. 2000, c. F-4.7; Adult Interdependent Relationships Act, S.A. 2002, c. A-4.5

What this instrument can try to cover

A cohabitation agreement typically addresses property and debts between unmarried partners. It cannot manufacture a statutory regime the province does not confer, and it cannot replace a will.

  • Estate, beneficiary, and corporate-share clauses may need other instruments. Flag them as possibly outside this pack’s core statute.

spousal_support

spousal supportstatute

Family Property Act, S.A. 2000, c. F-4.7; Adult Interdependent Relationships Act, S.A. 2002, c. A-4.5

Support language versus support law

Spousal/adult-interdependent support sits in other Alberta family statutes and federal divorce law where applicable.

  • Federal Divorce Act analysis for married spouses is a gap this pack flags rather than filling from memory.

child_support

child supportstatute

Family Property Act, S.A. 2000, c. F-4.7; Adult Interdependent Relationships Act, S.A. 2002, c. A-4.5

Children are not ordinary contract subjects

Child support cannot be treated as a private waiver of a child’s right.

  • Parenting time, custody labels, and child-support waivers should be routed to a lawyer. This product does not decide them.

voluntariness

voluntarinessstatute

Family Property Act, S.A. 2000, c. F-4.7; Adult Interdependent Relationships Act, S.A. 2002, c. A-4.5

Setting aside, disclosure, and advice

The Act addresses when an agreement may be disregarded, including disclosure and fairness concerns. Independent legal advice is often evidence, not a statutory rubber stamp.

  • Independent legal advice certificates, if attached, are evidence. They are not U.S. statutory forms and they do not decide the case.
  • Financial schedules referenced but not in the upload are missing-exhibit questions, not proof of disclosure.

financial_disclosure

financial disclosurestatute

Family Property Act, S.A. 2000, c. F-4.7; Adult Interdependent Relationships Act, S.A. 2002, c. A-4.5

Financial disclosure as a fairness fact

Canadian family agreements are often judged partly on whether each party knew the assets and debts. This pack does not invent a U.S. statutory disclosure exhibit list.

  • If the contract recites schedules that are not in the file, say so. Do not invent net-worth numbers from intake.

independent_counsel

independent counselstatute

Family Property Act, S.A. 2000, c. F-4.7; Adult Interdependent Relationships Act, S.A. 2002, c. A-4.5

Independent legal advice

Canadian family agreements often stand or fall partly on whether each party could get advice. That is not a uniform statutory certificate across provinces, and Québec notarial counseling is a different professional model from common-law ILA letters.

  • Absence of an ILA letter is not automatic invalidity. Presence of a letter is not automatic validity.

timing

timingstatute

Family Property Act, S.A. 2000, c. F-4.7; Adult Interdependent Relationships Act, S.A. 2002, c. A-4.5

Timing around cohabitation or a later wedding

A cohabitation agreement signed years into a relationship, or a 'prenup' signed while unmarried just before a wedding, raises classification and transition questions. Marriage usually moves the couple onto the marriage-contract / marital-property statute.

  • If the parties later marry, a cohabitation agreement does not automatically become a marriage contract unless this province’s statute and the document’s form actually support that continuation.

limitations

limitationsstatute

Family Property Act, S.A. 2000, c. F-4.7; Adult Interdependent Relationships Act, S.A. 2002, c. A-4.5

What this pack will not invent

Do not assume an Alberta cohabitation file is outside property legislation the way an Ontario unmarried couple often is.

  • Conflicts of laws if the couple later lives in another province or country are a gap.
  • Tax, immigration, and Indigenous family-law systems are not fully catalogued here.