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Prenup Before Engagement Template for Canada

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Key Requirements PROMPT example:

Prenup Before Engagement

"I need a Prenup Before Engagement to protect my technology startup company and intellectual property rights, as I'm planning to propose to my partner in March 2025 and want to ensure my business interests remain separate from our marital assets."

Document background
The Prenup Before Engagement is a specialized legal document used in Canadian jurisdictions when parties wish to establish clear financial and property arrangements before formally committing to marriage. This timing is strategic as it helps demonstrate that the agreement was made without the pressure of an impending wedding. The document addresses various aspects including property division, support obligations, debt allocation, and estate rights, all while complying with both federal and provincial family law requirements. It's particularly important for individuals with significant assets, business interests, or complex financial situations. The agreement requires full financial disclosure from both parties and must be executed with independent legal advice to ensure enforceability under Canadian law. This type of agreement is especially relevant in today's context where individuals often enter marriages with established careers, accumulated assets, or business interests that they wish to protect.
Suggested Sections

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

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

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

4. Effective Date and Duration: When the agreement takes effect and how long it remains valid

5. Financial Disclosure: Statement confirming full financial disclosure by both parties

6. Separate Property: Identification and treatment of property owned prior to marriage

7. Marital Property: Treatment of property acquired during marriage

8. Income and Earnings: Treatment of income earned before and during marriage

9. Debts and Liabilities: Handling of existing and future debts

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

11. Death of a Spouse: Rights and obligations upon death of either party

12. Termination: Circumstances under which the agreement can be terminated

13. Governing Law: Specification of applicable jurisdiction and laws

14. Independent Legal Advice: Confirmation that both parties received independent legal advice

15. Entire Agreement: Statement that this document represents the complete agreement

16. Execution: Signing requirements and witness provisions

Optional Sections

1. Children: Provisions regarding existing children or future children (excluding custody as this cannot be predetermined)

2. Business Interests: Special provisions for business owners or entrepreneurs

3. Inheritance and Gifts: Treatment of inherited assets or anticipated gifts

4. International Assets: Provisions for assets held in other countries

5. Religious Requirements: Incorporation of religious marriage requirements or obligations

6. Intellectual Property: Protection of intellectual property rights

7. Confidentiality: Privacy and non-disclosure provisions

8. Social Media: Provisions regarding social media usage and privacy

9. Pets: Provisions regarding ownership and care of pets

10. Alternative Dispute Resolution: Mediation or arbitration procedures for dispute resolution

Suggested Schedules

1. Schedule A - Assets of First Party: Detailed listing of first party's assets and their values

2. Schedule B - Assets of Second Party: Detailed listing of second party's assets and their values

3. Schedule C - Liabilities of First Party: Detailed listing of first party's debts and obligations

4. Schedule D - Liabilities of Second Party: Detailed listing of second party's debts and obligations

5. Schedule E - Business Valuations: Independent valuations of any business interests

6. Schedule F - Property Appraisals: Professional appraisals of significant property

7. Appendix 1 - Financial Statements: Recent financial statements of both parties

8. Appendix 2 - Certificates of Independent Legal Advice: Signed certificates from both parties' lawyers

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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