The myth
“We never married, so Alberta law has nothing to say about our property.”
Cohabitation &
prenuptial agreements in Alberta
Designed by lawyers. Made by you. Alberta’s property rules changed in 2020, and they now reach common-law couples too. An agreement lets the two of you choose your own terms.
- Tailored to Alberta law
- Written by lawyers, not AI
Written and reviewed by practicing lawyers.
Written and reviewed by Amanda Baron & Aimee Schalles, practising Canadian lawyers.
Last reviewed July 2026
The Alberta reality
Alberta’s rules changed, and most couples never noticed
Since 2020, “common-law” couples — called adult interdependent partners in Alberta — fall under the same property-division law as married spouses. The default applies to you automatically, unless you agree otherwise.
The Alberta fact
Since January 1, 2020, Alberta’s Family Property Act1 applies to adult interdependent partners.
You generally reach that status after three years of living together, sooner if you have a child together, or right away if you sign a partner agreement. From there, property acquired during the relationship is divided much like a marriage, unless your own agreement says otherwise.
Made for your life
What your Alberta agreement can cover
Jointly guides you through the decisions that matter, with plain-language prompts and lawyer-designed options.
- Whether the default property rules apply to you, or your own terms do
- Property each of you brought in, and what you build together
- Partner support, including whether it applies at all
- The family home, and who keeps or shares it
- Businesses, pensions, investments, gifts, and inheritances
- Even your pets
Which agreement is right for you?
Three paths, one calm process
Prenuptial
Alberta prenuptial agreements
Create a fair, lawyer-designed prenup together before marriage, so you both know where you stand.
Start for freeCohabitation
Alberta cohabitation agreements
Protect your finances and property with a clear agreement built collaboratively, affordably, and online.
Start for freePostnuptial
Alberta postnuptial agreements
Set clear terms for property and finances after marriage, and support long-term trust and peace of mind.
Start for freeBuilt by lawyers
Authorized by the Law Society
of Alberta
Jointly is an approved participant in the Law Society of Alberta’s Innovation Sandbox2 — a supervised program that lets a small, vetted group of providers offer innovative legal services under conditions set and monitored by the Law Society to protect the public.
For Alberta couples, that means an independent legal regulator has examined how Jointly works and authorized it to operate.
About the Innovation Sandbox
“Jointly removed the usual barriers that stop couples from doing this. We started our next chapter with confidence.”
Alberta questions
Frequently asked
What is an adult interdependent partner?
It’s Alberta’s term for common-law partners. You generally become adult interdependent partners after living together in an interdependent relationship for three years, sooner if you have a child together, or immediately if you sign an adult interdependent partner agreement.
Do common-law partners share property in Alberta?
Since January 1, 2020, Alberta’s Family Property Act applies to adult interdependent partners, so property acquired during the relationship is generally divided the way it is for married couples, unless you agree otherwise.
Can we set our own rules with an agreement?
Yes. The Family Property Act lets couples agree to their own property arrangement in place of the default rules, when the agreement meets the Act’s requirements, including each partner acknowledging the agreement with their own lawyer. Timing matters in Alberta, so starting early helps.
How much does a prenuptial or cohabitation agreement cost in Alberta?
With Jointly, it’s free to start and $429 CAD to complete, compared with $3,000 or more for a fully lawyer-drafted agreement. Independent legal advice, if you choose it, is separate.
What’s the difference between prenuptial, postnuptial, and cohabitation agreements?
They cover the same ground at different stages. A prenuptial agreement is made before marriage, a postnuptial agreement after you’re married, and a cohabitation agreement for couples living together without marrying. Jointly helps with all three, tailored to your province.
Can I make an agreement even though I am already married?
Yes, you can make an agreement (commonly called a postnuptial agreement or a marriage contract) after you are married.
Do we need independent legal advice?
Yes, it is required by law to make your agreement enforceable.
