Frequently Asked Questions

What is a cohabitation agreement?

A cohabitation agreement is a legally binding contract between two people who are living together or planning to live together in a romantic relationship but are not married. In Alberta, this agreement outlines how property, debts, and other financial matters will be handled during the relationship and in the event of separation.

Do I need a cohabitation agreement in Alberta?

While not legally required, a cohabitation agreement is highly recommended for unmarried couples in Alberta. Unlike married couples, common-law partners (called "adult interdependent partners" in Alberta) have limited property rights under Alberta's Family Property Act (2020). A cohabitation agreement provides clarity and protection for both parties regarding property division and support obligations.

When should I consider getting a cohabitation agreement?

You should consider a cohabitation agreement if you're planning to move in together, have significant assets or debts, own property together, have children from previous relationships, or want to clarify financial responsibilities and expectations in your relationship.

Is this agreement also a prenuptial agreement?

Yes! Our cohabitation agreement is specifically drafted to function as both a cohabitation agreement and a prenuptial agreement. This means that if you decide to get married later, your existing agreement automatically continues to protect both parties as a marriage contract—you won't need to purchase another contract.

This dual functionality provides exceptional value because:

• You're protected whether you remain common-law partners or get married
• There's no need to create a separate prenuptial agreement if you decide to marry
• Your financial arrangements and property agreements remain consistent through relationship changes
• You save money by not having to purchase additional legal documents

The agreement includes specific provisions that address both cohabitation and marriage scenarios, ensuring comprehensive protection regardless of your relationship status. This makes it an excellent investment for couples who are living together and may consider marriage in the future.

What is an Adult Interdependent Partner in Alberta?

Under Alberta's Family Law Act, you are considered "adult interdependent partners" if you:

• Have lived together in a relationship of interdependence for at least 3 continuous years
• Have lived together in a relationship of interdependence and have a child together
• Have entered into an adult interdependent partner agreement

Adult interdependent partners have some legal rights under the Family Property Act (2020), but these rights are more limited than those of married couples.

How does the Family Property Act (2020) affect unmarried couples?

The Family Property Act, which replaced the Matrimonial Property Act in 2020, provides some property rights for adult interdependent partners, but these are more limited than for married couples. Adult interdependent partners may have claims to property acquired during the relationship, but the process is more complex and uncertain than for married couples.

What makes a cohabitation agreement legally binding in Alberta?

For a cohabitation agreement to be legally binding in Alberta, it must be:

• In writing and signed by both parties
• Made voluntarily without coercion or duress
• Based on full financial disclosure from both parties
• Fair and reasonable at the time it was made
• Properly witnessed (recommended)

Do we need lawyers to create a cohabitation agreement?

Under Section 38 of Alberta's Family Property Act, if you want your cohabitation agreement to have the strongest legal protection, each party must obtain independent legal advice from separate lawyers. The Act specifically states that "the acknowledgements shall be made before a different lawyer for each party."

This requirement ensures that both parties fully understand the agreement and that it meets all legal requirements for enforceability. Courts will look much more favorably on agreements where both parties had independent legal representation from different lawyers.

Why do we need separate lawyers under Alberta law?

Section 38 of the Family Property Act requires each party to have their own independent lawyer to ensure maximum legal protection. This means:

• Each person must consult with their own lawyer (not the same lawyer)
• Each lawyer provides independent advice to their client only
• This prevents conflicts of interest and ensures fair representation
• Both lawyers confirm their clients understand the agreement's implications
• The separate legal advice makes the agreement much stronger in court

While agreements without separate lawyers may still be valid, following Section 38 provides the strongest legal protection and enforceability.

Can a cohabitation agreement be changed or cancelled?

Yes, a cohabitation agreement can be modified or cancelled, but both parties must agree to the changes in writing. It's recommended to review and update your agreement periodically, especially after major life events like having children, buying property, or significant changes in income.

What topics should a cohabitation agreement cover under Alberta law?

A comprehensive cohabitation agreement should address:

• Property ownership and division (including exempt and family property under the Family Property Act)
• Debt responsibility and management
• Household expenses and financial contributions
• Bank accounts and investments
• Partner support obligations (formerly spousal support)
• Children and parenting arrangements
• Life insurance and beneficiaries
• Whether you want to be considered adult interdependent partners
• Dispute resolution procedures (mediation, arbitration)
• What happens if you marry later

How should we handle property under the Family Property Act?

Under Alberta's Family Property Act (2020), property is classified as either "exempt property" (generally property owned before the relationship) or "family property" (property acquired during the relationship). For adult interdependent partners, the division rules are complex and different from married couples. Your cohabitation agreement should clearly specify how all property will be treated, including pre-relationship property, increases in value, and jointly acquired property.

What about spousal support in Alberta?

Under Alberta's Family Law Act, adult interdependent partners may be entitled to partner support after separation if they qualify as adult interdependent partners (lived together for at least 3 years, have a child together, or entered into an adult interdependent partner agreement). Your cohabitation agreement can address whether partner support will be paid and under what circumstances.

Will having a cohabitation agreement hurt our relationship?

Many couples find that discussing and creating a cohabitation agreement actually strengthens their relationship by encouraging open communication about finances, expectations, and future goals. It's a practical step that demonstrates commitment to fairness and transparency.

What happens if we get married later?

Our cohabitation agreement is designed to automatically continue as a marriage contract (prenuptial agreement) if you decide to get married—no additional purchase required! The agreement includes specific provisions that address both cohabitation and marriage scenarios, ensuring your protection and financial arrangements remain consistent whether you're common-law partners or married. See the "Is this agreement also a prenuptial agreement?" section above for more details about this dual functionality.

How much does a cohabitation agreement cost?

Costs vary depending on complexity and whether you use lawyers. Simple agreements might cost a few hundred dollars, while complex agreements with full legal representation can cost several thousand dollars. However, this is often much less expensive than resolving disputes through court proceedings later.

Can the court override our cohabitation agreement?

Under the Family Property Act (2020), Alberta courts generally respect cohabitation agreements that were fairly made with proper disclosure and independent legal advice. However, courts may set aside agreements if they are found to be significantly unfair, were made under duress, involved material non-disclosure, or if circumstances have changed dramatically since signing. The Act provides courts with discretion to ensure fair outcomes.

Where can I get more information about Alberta family law?

For more detailed information about family law in Alberta, you can consult:

• Alberta Courts website (albertacourts.ca)
• Legal Aid Alberta
• Law Society of Alberta for lawyer referrals
• Family Justice Services
• A qualified family law lawyer

Should I use a template or hire lawyers?

While well-drafted templates can provide a starting point, Section 38 of the Family Property Act strongly encourages each party to obtain independent legal advice from separate lawyers for maximum legal protection. This is especially important if you have significant assets, complex financial situations, children, or business interests. Even with simpler situations, having both parties consult with different qualified Alberta family lawyers ensures your agreement meets all legal requirements and will be enforceable when needed.