formalities
formalitiesstatute
Family Property Act, S.A. 2000, c. F-4.7
Marriage-contract formFamily-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 acknowledgementsFamily-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 spousesAlberta 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 coverA 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 lawSpousal/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 subjectsChild 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 adviceThe 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 factCanadian 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 adviceCanadian 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 weddingA 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 inventDo 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.