- Alberta property agreements between spouses or adult interdependent partners are governed by the Family Property Act, sections 37 and 38.
- Support and child support agreements fall under the Family Law Act and follow different rules from property agreements.
- A single document can mix topics, but each topic is tested by its own rules, so it helps to know which Act governs which term.
People often search for a domestic contract, a term used in some other provinces. In Alberta, the rules are spread across separate statutes, and each kind of agreement is tested against its own requirements.
This page walks through the main kinds of family agreements Alberta recognizes, what each covers, and where the limits are. Alberta's own statute names matter here, so avoid assuming that terms from another province apply.
This article covers the law of Alberta.
Property agreements under the Family Property Act
A subsisting written agreement between spouses or adult interdependent partners replaces the default property division rules for the property it covers, if it is enforceable under section 38. It may set out how property is distributed on separation, on becoming former adult interdependent partners, or on dissolution of the marriage, and may cover property owned at signing or acquired later.
To be enforceable, each party must give a separate written acknowledgment that they understand the agreement and their possible future claims, and that they sign freely and voluntarily. That acknowledgment is made before a lawyer other than the lawyer acting for the other party.
Prenups, postnups and separation-time agreements
A prenup is made before marriage. It is unenforceable after the marriage unless it is clear that the parties intended it to apply or continue to apply afterward.
A postnuptial agreement is made after the wedding and is recognized through the same provision. It must meet the same section 38 formalities. The extra statement of continuing intent is required only for agreements made before marriage.
An agreement can also deal with how property is divided on separation. If it does not meet section 38, the default rules can apply and the court may still weigh its terms as one factor.
Support and child support agreements
Under the Family Law Act, spouses or adult interdependent partners may enter a written agreement in which one agrees to pay support to the other or releases the other from support. A court may not make a different support order unless it is satisfied the agreement is inequitable and a listed circumstance exists. An agreement also cannot vary an existing support order.
A parent may enter a written child support agreement, but it does not prevent anyone from applying for a child support order, and a child support order ends any earlier agreement.
Parenting terms are different again. In parenting matters the court considers only the best interests of the child, so parents cannot bind the court in advance.
How the main agreements compare
| Topic | Governing Act | Key point |
|---|---|---|
| Property division | Family Property Act | Needs a separate written acknowledgment before a lawyer |
| Spousal support | Family Law Act | Court can depart if inequitable and a listed circumstance exists |
| Child support | Family Law Act | A later order ends an earlier agreement |
| Parenting | Family Law Act | Court looks only at best interests |
Older agreements are judged by the rules in force when they were made, so the date you signed matters.
What to do next
- List what you want the agreement to cover: property, support, or both.
- Remember that parenting terms will not bind a court.
- Plan for each person to get their own lawyer, not the other person's lawyer.
- Ask whether your relationship fits the legal definitions that apply to you.
- Have a lawyer review any draft or existing agreement.
Frequently asked questions
Is a domestic contract the same thing as an Alberta agreement?
Not necessarily. Alberta's rules sit in specific statutes, mainly the Family Property Act for property and the Family Law Act for support and children. Use Alberta's own terms when you speak with a lawyer.
Can one document cover property, support and children?
A document can address several topics, but each is tested under its own rules. Property terms need section 38 formalities, while support and child terms can be reviewed by a court.
Can I make a postnup?
Yes. A postnuptial agreement is recognized through the same provision as a prenup and must meet the same formalities.
Do older agreements still count?
Agreements that were enforceable under the earlier law when signed remain enforceable after the current provisions came into force. A lawyer can confirm how that applies to yours.
Sources
- Family Property Act, s. 37(1) (Alberta King's Printer) — kings-printer.alberta.ca
- Family Law Act, s. 62(1) — kings-printer.alberta.ca
- Family Law Act, s. 53 — kings-printer.alberta.ca
- Divorce Act, s. 16(1)-(2) — Justice Laws (federal)
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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