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Uncontested Cohabitation and Prenuptial Agreements

Family Lawyers for Uncontested Cohabitation and Prenuptial Agreements in Indigenous Communities

Our experienced family lawyers help you plan your future together, without conflict and with respect for your culture and traditions.

For couples planning to marry or live together, establishing clear expectations can provide peace of mind for both parties. Our services for uncontested cohabitation and prenuptial agreements offer a streamlined, respectful process to openly discuss and formalize your intentions regarding finances, property, and other important aspects of your shared future. We approach this work with sensitivity to Indigenous traditions and cultures in Canada, aiming to create agreements that reflect your unique values and minimize disagreements down the road.

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What is a Cohabitation Agreement?

A cohabitation agreement is often referred to as a ‘prenup’ or ‘prenuptial agreement’. Essentially, these agreements set out the terms a couple has agreed to should their relationship eventually break down.

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What does a cohabitation or prenuptial agreement cover?

A cohabitation or prenuptial agreement helps you and your partner clarify important aspects of your partnership while honouring your Indigenous values and traditions. We help you clarify:

  • How your individual and shared assets and debts will be divided if you separate, including any property you want to keep separate.
  • Who will have the right to stay in the family home if you break up and decide not to sell it.
  • What your expectations are regarding potential spousal support in the future.
  • Any other specific terms that are important to either of you, such as how a family business or on-reserve land ownership would be handled upon separation.

Protecting your future

A cohabitation or prenuptial agreement is a powerful tool for proactively securing your financial future before marriage.

By clearly outlining how pre-owned assets will be protected and how any wealth accumulated during the marriage will be divided, you establish a framework that can prevent significant financial disputes down the line. Addressing potential business interests and clarifying expectations around spousal support also provides a layer of security and predictability, allowing you to enter the marriage with greater financial clarity and confidence about your future.

Uncontested Cohabitation and Prenuptial Agreements
Frequently Asked Questions

When is a couple considered to be common-law?

Common-law relationships, formally known as adult interdependent relationships in Alberta, must meet one of three criteria:

  1. They cohabited in an interdependent relationship for at least three years.
  2. They cohabited in an interdependent relationship with some sense of permanence for less than three years and share a child by birth or adoption.
  3. They have entered into a formal Adult Interdependent Partnership agreement together.

Absolutely. Just like for couples planning marriage, a cohabitation agreement can address a wide range of issues beyond property division and spousal support, such as how joint finances will be managed during the relationship and any specific agreements regarding shared responsibilities or future plans.

No, it’s not too late. While it’s beneficial to have an agreement in place before or shortly after moving in together, you can create a cohabitation or marriage agreement at any point during your relationship.

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