The Domestic Agreement serves as a crucial legal instrument in Canadian family law, designed to provide clarity and protection for couples who are married, planning to marry, or cohabiting. This document becomes particularly important in establishing clear terms regarding property rights, financial obligations, and personal arrangements between partners. It can be executed at any point in a relationship but is commonly prepared before marriage or cohabitation begins. The agreement must comply with both federal legislation and provincial family law requirements, varying slightly by province. It typically includes detailed financial disclosure, property arrangements, support provisions, and can be modified to address specific circumstances such as business ownership, inherited assets, or children from previous relationships. The Domestic Agreement's primary purpose is to prevent future disputes by clearly documenting the parties' intentions and agreements regarding their rights and obligations.
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1. Parties: Identification and details of both parties entering into the agreement
2. Background: Context of the relationship, purpose of the agreement, and acknowledgment of independent legal advice
3. Definitions: Defined terms used throughout the agreement
4. Living Arrangements: Terms regarding shared residence and household responsibilities
5. Financial Arrangements: Management of joint and separate finances, including bank accounts and expenses
6. Property Rights: Division and ownership of property acquired before and during the relationship
7. Debts and Liabilities: Responsibility for existing and future debts
8. Dispute Resolution: Process for resolving disagreements
9. Termination: Circumstances and process for ending the agreement
10. Governing Law: Specification of applicable jurisdiction and laws
11. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Children: Provisions regarding existing or future children, including custody and support (used when parties have or plan to have children)
2. Spousal Support: Terms regarding financial support in case of separation (used when parties want to address potential support obligations)
3. Business Interests: Protection and division of business assets (used when either party owns a business)
4. Inheritance Rights: Provisions regarding inheritance and estate planning (used when parties want to address inheritance matters)
5. Pets: Arrangements for pet ownership and care (used when parties have shared pets)
6. Religious Obligations: Special provisions related to religious requirements (used when parties have specific religious considerations)
7. Gifts and Inheritances: Treatment of gifts received during the relationship (used when significant gifts or inheritances are expected)
8. Education and Career: Provisions regarding support for education or career development (used when parties want to address career/education support)
1. Schedule A - Financial Disclosure: Detailed list of assets, liabilities, and income of both parties
2. Schedule B - Property Inventory: Comprehensive list of property owned by each party at the time of agreement
3. Schedule C - Household Items: Inventory of shared household items and their agreed ownership
4. Schedule D - Insurance Policies: List of life, health, and property insurance policies and beneficiaries
5. Schedule E - Business Assets: Detailed description of business interests and valuations
6. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from each party's lawyer confirming independent legal advice
7. Appendix 2 - Supporting Documents: Additional documentation such as property valuations or business statements
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