Civil Wedding Prenup Template for Canada

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Key Requirements PROMPT example:

Civil Wedding Prenup

"I need a Civil Wedding Prenup that protects my established technology startup company and its intellectual property, while ensuring fair treatment of future joint assets acquired after our marriage planned for March 2025."

Document background
The Civil Wedding Prenup is a crucial legal document for couples planning to marry under Canadian civil law who wish to establish clear terms regarding their financial affairs and property rights. This agreement is particularly relevant when either or both parties enter the marriage with significant assets, business interests, expected inheritances, or potential future wealth. The document must comply with both federal legislation (such as the Divorce Act) and provincial family law statutes, varying slightly by province. It typically includes comprehensive financial disclosure, property division arrangements, spousal support terms, and various optional provisions based on the couple's specific circumstances. Independent legal counsel for each party is essential for the agreement's validity, and the document must be executed well in advance of the wedding to avoid claims of duress or undue pressure.
Suggested Sections

1. Parties: Identification and details of both parties entering into the prenuptial agreement

2. Background: Context of the agreement, including the intended marriage date and general purpose of the agreement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Financial Disclosure: Statement confirming that both parties have made full and frank disclosure of their financial positions

5. Separate Property: Identification and treatment of property owned by each party before marriage

6. Matrimonial Property: Treatment of property acquired during marriage and its division

7. Spousal Support: Terms regarding spousal support rights and obligations in case of separation

8. Debts and Liabilities: Treatment of pre-existing and future debts and liabilities

9. Dispute Resolution: Process for resolving any disputes arising from the agreement

10. Governing Law: Specification of applicable provincial law and jurisdiction

11. Amendment and Termination: Conditions and process for modifying or terminating the agreement

12. Severability: Clause ensuring remainder of agreement remains valid if any provision is found unenforceable

13. Execution: Signature requirements and witness provisions

Optional Sections

1. Business Interests: Provisions regarding ownership and management of business interests, used when either party owns or may inherit a business

2. Inheritance and Gifts: Treatment of inherited assets or anticipated inheritances, used when significant inheritances are expected

3. International Assets: Provisions for assets held in other countries, used when parties have international property or investments

4. Children from Previous Relationships: Provisions protecting assets for children from previous relationships, used when applicable

5. Intellectual Property: Treatment of intellectual property rights, used when either party has significant IP assets

6. Religious Requirements: Specific provisions aligned with religious requirements, used when parties wish to incorporate religious elements

7. Family Heirlooms: Special provisions for family heirlooms or sentimental items, used when such items exist

8. Pets: Provisions regarding ownership and care of pets in case of separation, used when couples have pets

Suggested Schedules

1. Schedule A - Financial Disclosure (Party 1): Detailed statement of Party 1's assets, liabilities, income, and financial interests

2. Schedule B - Financial Disclosure (Party 2): Detailed statement of Party 2's assets, liabilities, income, and financial interests

3. Schedule C - Separate Property List: Comprehensive list of property to remain separate during marriage

4. Schedule D - Business Valuations: Professional valuations of any business interests owned by either party

5. Schedule E - Real Estate Appraisals: Current market valuations of any real estate owned by either party

6. Appendix 1 - Certificate of Independent Legal Advice (Party 1): Confirmation that Party 1 received independent legal advice

7. Appendix 2 - Certificate of Independent Legal Advice (Party 2): Confirmation that Party 2 received independent legal advice

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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