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Common Law Marriage Prenup Template for Canada

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Key Requirements PROMPT example:

Common Law Marriage Prenup

"I need a Common Law Marriage Prenup to protect my growing tech business assets before moving in with my partner in March 2025; we particularly need clear terms about intellectual property rights and future company valuation."

Document background
The Common Law Marriage Prenup is essential for couples entering or already in a common law relationship in Canada who wish to establish clear guidelines for their financial and property rights. This document becomes particularly important given that common law relationships are treated differently across various Canadian provinces and territories, with each jurisdiction having its own definitions and rights frameworks. The agreement typically includes detailed provisions for property division, support obligations, debt management, and dispute resolution procedures. It should be drafted with consideration of both provincial family law legislation and federal laws affecting common law partners, such as tax and pension regulations. The document is especially recommended for partners with significant assets, business interests, or complex financial situations, as it provides legal certainty and protection for both parties while potentially reducing future conflicts.
Suggested Sections

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

2. Background: Context of the relationship, intention to live together as common law partners, and purpose of the agreement

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

4. Recognition of Relationship Status: Acknowledgment of common law status and criteria for establishing/maintaining this status

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

6. Property Rights: Treatment of property owned before the relationship and property acquired during the relationship

7. Financial Obligations: Day-to-day financial responsibilities and expense sharing arrangements

8. Separation Provisions: Rights and obligations in case of relationship breakdown

9. Dispute Resolution: Process for resolving disagreements including mediation and arbitration procedures

10. Governing Law: Specification of applicable provincial/territorial law

11. Severability: Provision ensuring that if one part of the agreement is invalid, the rest remains enforceable

12. Execution: Formal signing section with witness requirements

Optional Sections

1. Children: Provisions regarding existing children and future children (excluding custody/access which cannot be predetermined)

2. Business Interests: Protection of business assets and business operation provisions for business owners

3. Inheritance Rights: Specific provisions regarding inheritance and estate planning

4. Debts and Liabilities: Detailed treatment of pre-existing and future debts

5. Support Obligations: Provisions for spousal support in case of separation

6. Cultural and Religious Considerations: Specific provisions relating to cultural or religious practices

7. Pets and Animals: Provisions regarding ownership and care of pets

8. Intellectual Property: Protection of intellectual property rights for creative professionals

9. International Assets: Provisions for assets held outside Canada

10. Healthcare Decisions: Provisions regarding medical decision-making rights

Suggested Schedules

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

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

3. Schedule C - Property Inventory: Comprehensive list of significant property owned by either party at the time of agreement

4. Schedule D - Business Assets: Detailed description of business interests and their agreed treatment

5. Schedule E - Excluded Property: List of assets specifically excluded from division

6. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from lawyers confirming independent legal advice

7. Appendix 2 - Supporting Documentation: Copies of relevant documents referenced in the agreement

Authors

Alex Denne

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

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Family Lawyer

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Estate Planning Attorney

Paralegal

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