This paper looks at the points of cohabitation and pre-nuptual agreements that are most vulnerable to being challenged and the Alberta Courts’ treatment of these agreements. Failure to meet statutory requirements, inadequate financial disclosure, duress, and lack of independent legal advice all constitute bases for these agreements being challenged. This paper examines each through the lens of a comprehensive review of the case law.

This paper was drawn from materials presented at the Cohabitation and Pre-Nuptial Agreements program held in May 2012.