Marriage / Cohabitation or Wealth Protection Agreements

FAQs

Wealth Protection Agreements

PRE-NUPTIAL / COHABITATION AGREEMENTS

A pre-nuptial / cohabitation agreement is a private agreement signed by the parties prior to commencing a relationship.

Post-Nuptial Agreements

A post-nuptial agreement is an agreement signed by the parties after marriage. The legislative authority is the Alberta Family Property Act , which specifically allows parties to contract out of the applicable legislation and make their own private agreements. These agreements can cover the division of present and future property, spousal or partner support, parenting, and child support.All such agreements to be valid require full financial disclosures of assets, debts and incomes.In both types of agreements the parties must obtain independent legal advice for the agreement to be valid under the legislation.

Family law Services

Helpful Information and Resources for Marriage / Cohabitation or Wealth Protection Agreements

Notice to Disclose Application

The Notice to Disclose Application is frequently used in family law to request financial disclosure. This provides your lawyer the opportunity to gain a deeper understanding of both you and your former spouse or adult interdependent partners overall finances to assist in negotiating child and spousal support and property equalization. Once a Notice to Disclose Application, both parties have an ongoing obligation to provide up to date and current financial disclosure until a resolution is reached.

Schedule A

The Schedule A forms part of the parties standard financial disclosure obligations and is provided in the Notice to Disclose Application. This document summarizes a party’s assets and liabilities. As it must be sworn before a Commissioner for Oath in and for the Province of Alberta, it is used in an effort to ensure party’s are forthcoming and transparent when providing their financial disclosure.

Budget Template

A budget is typically requested in the standard Notice to Disclose Application. The attached template provides a comprehensive summary of income and expenses. Often, budgets are used to gain a deeper understanding of each party’s current monthly surplus/deficit to assist with child and spousal support applications.

Property Spreadsheet

As there is a presumption that family property will be divided equally, the attached property spreadsheet is often used in family law to calculate a potential equalization amount once financial disclosure has been fully exchanged. It is usually completed by your lawyer and provides a starting point to help facilitate negotiations.

Zelos Capital Ltd.

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Marriage / Cohabitation or Wealth Protection Agreements

FAQs

Wealth Protection Agreements

PRE-NUPTIAL / COHABITATION AGREEMENTS

Post-Nuptial Agreements

Family law Services

Helpful Information and Resources for Marriage / Cohabitation or Wealth Protection Agreements

Notice to Disclose Application

Schedule A

Budget Template

Property Spreadsheet

Zelos Capital Ltd.

Family law Services

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Services

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