Property Division and Family Agreements for Couples (both married and unmarried) in Alberta

If you are working through a divorce or separation, you may have questions regarding the division of property in Alberta. The first thing to know is that working with a professional mediator who handles family agreements and property division is going to spare you headaches and hassles.

On January 1, 2020, the laws for dividing property between unmarried couples changed.  The Matrimonial Property Act was changed to the Family Property Act and applies to both married and unmarried couples (adult interdependent relationships). 

Family Agreements

Parties can save thousands of dollars by settling their separation or divorce case outside of Court.  That is where family agreements come into place.  By creating a legally binding separation/matrimonial agreement, parties can resolve all issues such as custody, child support, spousal support and property division outside of Court and finalize their divorce in a much quicker and cheaper way. In either case, the final divorce judgment still needs to be granted by the Court. 

Family agreements can also come in handy before parties marry or enter a common-law relationship.  An experienced mediator can assist you with drafting a pre-nuptial or cohabitation agreement to avoid any potential hassles if a relationship does not end up working out.  Pre-nuptials can be particularly important if you have considerable pre-marital assets and would like to protect your investments.

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