Prenup With Accrual Template for Canada

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Key Requirements PROMPT example:

Prenup With Accrual

"I need a Prenup With Accrual agreement for a Canadian couple where one party owns a technology startup and wants to protect their pre-existing intellectual property while ensuring fair sharing of future business growth during the marriage."

Document background
The Prenup With Accrual is a specialized form of prenuptial agreement used in Canadian jurisdictions that combines asset protection with wealth-sharing principles. This document is particularly suitable for couples who wish to maintain separate property rights while allowing for fair distribution of wealth accumulated during marriage. It's commonly used when one or both parties enter marriage with significant assets, business interests, or expected inheritances, but want to ensure their future spouse can benefit from joint financial success. The agreement must comply with provincial family law requirements and typically includes comprehensive financial disclosure, detailed accrual calculation methodologies, and provisions for various asset classes. This document type is especially relevant in provinces like Quebec where similar concepts exist in civil law, but can be adapted for common law provinces. The agreement requires careful drafting to ensure enforceability and typically includes certificates of independent legal advice from both parties' lawyers.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement, including definitions of separate and joint property, accrual, etc.

4. Financial Disclosure: Detailed acknowledgment of financial disclosure by both parties

5. Separate Property: Definition and listing of assets that remain separate property of each spouse

6. Joint Property: Definition and treatment of property acquired during marriage

7. Accrual Calculation: Method for calculating the accrual of wealth during marriage and its division

8. Spousal Support: Terms regarding spousal support rights and obligations

9. Dispute Resolution: Process for resolving disputes related to the agreement

10. Governing Law: Specification of applicable Canadian provincial law

11. Severability: Clause ensuring partial invalidity doesn't void entire agreement

12. Independent Legal Advice: Confirmation that both parties received independent legal counsel

13. Execution: Signing and witnessing requirements

Optional Sections

1. Business Interests: Required when either party owns a business or may inherit/start one

2. Inheritance and Gifts: Include when there are significant expected inheritances or family gifts

3. International Assets: Required when parties have assets in multiple jurisdictions

4. Children from Previous Relationships: Include when either party has children from previous relationships

5. Family Heirlooms: Include when there are significant family heirlooms or emotional-value assets

6. Intellectual Property: Required when either party has or expects to have significant IP assets

7. Religious Requirements: Include when parties wish to incorporate religious marriage contract requirements

Suggested Schedules

1. Schedule A - Assets of First Party: Detailed list of first party's assets and their values at time of agreement

2. Schedule B - Assets of Second Party: Detailed list of second party's assets and their values at time of agreement

3. Schedule C - Joint Assets: List of any existing joint assets and their agreed treatment

4. Schedule D - Excluded Property: Specific items agreed to be excluded from accrual calculations

5. Schedule E - Accrual Calculation Method: Detailed methodology for calculating and dividing accrual

6. Appendix 1 - Certificate of Independent Legal Advice (First Party): Signed certificate from first party's lawyer

7. Appendix 2 - Certificate of Independent Legal Advice (Second Party): Signed certificate from second party's lawyer

8. Appendix 3 - Financial Statements: Current financial statements of both parties

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

Relevant Industries

Legal Services

Financial Services

Family Law

Wealth Management

Private Banking

Estate Planning

Professional Services

Accounting

Relevant Teams

Legal

Wealth Management

Estate Planning

Document Management

Family Law

Private Client Services

Compliance

Advisory Services

Relevant Roles

Family Law Attorney

Estate Planning Lawyer

Private Wealth Manager

Financial Advisor

Family Office Manager

Trust Officer

Corporate Counsel

Legal Document Specialist

Matrimonial Law Specialist

Notary Public

Family Law Mediator

Estate Planning Consultant

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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