SPEAK WITH MARK IDLER PERSONALLY TODAY:

For the visitors to my website who are engaged to be married; who are contemplating moving into the same residence with their significant other; OR who have already commenced a cohabitation relationship with their significant other, it is important to know that more than FORTY PERCENT (40%) of committed relationships in Alberta end in separation or divorce.

 

Given this sobering statistic, it is crucial to protect your current assets, future-acquired financial equity in your home, investment accounts, employment pension plan, and Canada Pension Plan credits that are held in your sole name and have binding contractual terms in a Cohabitation Agreement/Pre-Nuptial Agreement that will either WAIVE spousal support/partner support after a separation OR provide for a fair fixed-term of spousal support/partner support after separation, depending on your circumstances.

 

By the same token, a well-drafted Cohabitation Agreement/Pre-Nuptial Agreement will not restrict a couple to always acquiring new assets or debt obligations in each party's sole name. Accordingly, I will typically include proactive terms in these Agreements for the division of Future-Acquired assets and debt accounts held in the parties’ joint names after a separation.

 

Litigation is horribly expensive, and separation as a couple can be incredibly stressful, so I also typically include other Forward-Looking rules in my clients' Cohabitation Agreements/Pre-Nuptial Agreements to ensure a respectful separation, specifically:
 

a.   a fixed timeline for the parties to establish separate residences;

b.   a window of opportunity for one party to make a viable offer to buy out the other's equity in their jointly owned assets; and

c.   contractual timelines for appraisal of jointly owned assets, coupled with an automatic listing for sale of jointly owned assets to third party purchasers, if a couple cannot agree on one party buying of the other's interest in a jointly owned asset.

 

Our Alberta Court of Appeal has definitively ruled that Cohabitation Agreements/Pre-Nuptial Agreements are binding and enforceable, provided that:
 

a.   each party accurately discloses their income, assets and debt obligations in their Agreement and to legal counsel;

b.   the terms detailed in a formal Cohabitation/Pre-Nuptial Agreement reflect the parties' mutual intentions;

c.   each party received independent legal advice on the terms of their Cohabitation/Pre-Nuptial Agreement, meaning a lawyer of an independent office for each party; and

d.   a formal Cohabitation/Pre-Nuptial Agreement was not executed under “behind the scenes” interpersonal circumstances of abuse, undue pressure, or coercion.

 

In the more than 20 years that I have been in the practice of law, my office has drafted and executed hundreds of Cohabitation Agreements/Pre-Nuptial Agreements for past clients. To the best of my knowledge, NONE of my said past clients have ever had provisions in their formal Agreement struck down by a Justice of the Court of King's Bench of Alberta in a contested hearing after a separation from their spouse or partner. 

 

Like I have done for my past clients, you can rest assured that I will help you to navigate the nuanced considerations in law for the preparation of a binding and legally enforceable Cohabitation Agreement/Pre-Nuptial Agreement that will fully protect your financial position in the event of separation in the future from your spouse or partner, and successfully pass any potential review of your fully executed Agreement in the Court of King's Bench of Alberta.

FOR NEW CLIENTS: I personally prefer talking with new clients on a telephone call rather than trading a number of emails about preliminary issues. My experience is that considerably more important information about your matter can be exchanged between us if we are able to have instantaneous communication on the telephone. However, please don't hesitate to send me an email if you prefer, but do please include your best telephone number(s) in your email, for the quickest possible response from me.