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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."
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
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
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
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