In this section, you will learn how marital property is divided in Canada under provincial and territorial family laws, which follow either equitable or equal distribution principles. Although Islamic marriage contracts are not automatically recognized, cases like Khanis v. Noormohamed (2009) and Ghaznavi v. Kashif-Ul-Haque (2011) confirm that Mahr can be a contractual obligation but it does not replace a spouse’s right to an equalization payment. Additionally, prenuptial agreements including those signed abroad, are enforceable in Alberta if they comply with the Family Property Act. This includes obtaining independent legal advice, providing full financial disclosure, voluntary execution, and written acknowledgment. Courts may set aside agreements that are deemed unfair or legally non-compliant.
Given these complexities, it is strongly recommended that individuals seek legal advice to ensure their agreements are enforceable under provincial law.
