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Prenup For Unmarried Couples Template for Canada

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Key Requirements PROMPT example:

Prenup For Unmarried Couples

"I need a Prenup For Unmarried Couples that protects my established business assets and intellectual property rights, as my partner and I plan to start living together in March 2025, and I want to ensure my existing company remains separate property."

Document background
A Prenup For Unmarried Couples (cohabitation agreement) is essential for common-law partners in Canada who wish to establish clear legal and financial arrangements for their relationship. This document is particularly relevant given that common-law relationships in Canada can create legal obligations similar to marriage. The agreement typically covers property division, financial responsibilities, support obligations, and dispute resolution mechanisms. It should comply with both federal legislation and the specific provincial family law requirements where the couple resides. The document becomes especially important considering that different provinces have varying rules regarding common-law relationships and property rights. It serves as a preventive measure to avoid potential disputes and provides clarity regarding each partner's rights and obligations during the relationship and in case of separation.
Suggested Sections

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

2. Background: Context of the relationship, intention to cohabitate, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including property, income, separation, etc.

4. Living Arrangements: Details of shared residence and living expenses

5. Property Rights: Classification and treatment of separate and jointly owned property

6. Financial Obligations: Day-to-day expenses, joint accounts, and financial responsibilities

7. Debts and Liabilities: Treatment of existing and future debts, credit obligations

8. Separation Provisions: Process and terms for relationship termination

9. Dispute Resolution: Methods for resolving disagreements (mediation, arbitration)

10. Governing Law: Applicable jurisdiction and legal framework

11. Amendment and Termination: Process for modifying or ending the agreement

12. Severability: Clause ensuring remainder of agreement stays valid if any part is found unenforceable

13. Execution: Signing requirements and effective date

Optional Sections

1. Children: Provisions regarding existing children or future children, including support and custody arrangements

2. Pets: Ownership and care responsibilities for pets in case of separation

3. Business Interests: Protection and division of business assets and income

4. Inheritance Rights: Provisions regarding inheritance and estate planning

5. Support Obligations: Partner support arrangements in case of separation

6. Healthcare Decisions: Authority for medical decisions and healthcare directives

7. Intellectual Property: Ownership and rights to intellectual property created during cohabitation

8. Religious/Cultural Obligations: Specific provisions related to religious or cultural practices

Suggested Schedules

1. Schedule A - Financial Disclosure: Detailed list of each party's assets, liabilities, and income at time of agreement

2. Schedule B - Property Inventory: Detailed list of separate property owned by each party

3. Schedule C - Shared Property: List and agreed values of jointly owned property

4. Schedule D - Living Expenses: Breakdown of shared household expenses and contribution arrangements

5. Schedule E - Insurance Policies: List of life, health, and property insurance arrangements

6. Appendix 1 - Independent Legal Advice: Certificates of independent legal advice received by each party

7. Appendix 2 - Property Valuations: Professional valuations of significant assets

8. Appendix 3 - Business Valuations: Valuations of business interests (if applicable)

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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