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Prenup Separate Finances Template for Canada

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Key Requirements PROMPT example:

Prenup Separate Finances

"I need a Prenup Separate Finances agreement to protect my technology startup and its intellectual property, as I'm getting married in March 2025 and want to ensure my business assets remain separate from matrimonial property."

Document background
This Prenup Separate Finances agreement is designed for use by parties planning to marry in Canada who wish to maintain financial independence throughout their marriage. It is particularly suitable for individuals with significant pre-existing assets, business interests, or anticipated inheritances who want to clearly document their intention to keep their finances separate. The document must comply with both federal divorce legislation and provincial family law requirements, including mandatory financial disclosure and independent legal advice provisions. It typically includes comprehensive schedules detailing each party's assets and liabilities, certificates of independent legal advice, and specific provisions for handling various types of property and income during the marriage and upon its potential dissolution. This type of agreement is especially relevant in situations where one or both parties have substantial assets, business interests, or complicated financial arrangements 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 planned marriage date and the parties' intention to keep finances separate

3. Definitions: Key terms used throughout the agreement including 'Separate Property', 'Joint Property', 'Matrimonial Home', etc.

4. Purpose and Intentions: Clear statement of the parties' intentions to maintain separate finances and opt out of provincial family property regimes

5. Separate Property: Detailed provisions regarding the treatment of separately owned property, including pre-marriage assets and future acquisitions

6. Income and Earnings: Treatment of income earned during marriage and specification that it remains separate property

7. Debts and Liabilities: Provisions regarding separate responsibility for individual debts and limitations on joint liability

8. Banking and Financial Accounts: Arrangements for separate and/or joint accounts and management of household expenses

9. Spousal Support: Provisions regarding waiver or limitation of spousal support rights

10. Death of a Party: Treatment of property and rights upon death of either party

11. Dispute Resolution: Process for resolving any disputes arising from the agreement

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

13. General Provisions: Standard clauses including severability, entire agreement, and governing law

14. Execution: Signature blocks and witness requirements

Optional Sections

1. Matrimonial Home: Special provisions for the matrimonial home if the parties plan to own one jointly or if one party owns the home

2. Business Interests: Additional provisions protecting business assets and income where one or both parties own businesses

3. Inheritance and Gifts: Specific provisions regarding treatment of inherited assets or anticipated gifts

4. Children: Provisions regarding financial responsibilities for existing children or future children

5. Pets: Provisions regarding ownership and care responsibilities for pets

6. International Assets: Special provisions for parties with assets in multiple jurisdictions

7. Religious Requirements: Additional provisions to comply with religious marriage requirements

8. Retirement Accounts: Specific provisions for handling retirement accounts and pensions

Suggested Schedules

1. Schedule A - Financial Disclosure (Party 1): Comprehensive list of Party 1's assets, liabilities, and income at time of agreement

2. Schedule B - Financial Disclosure (Party 2): Comprehensive list of Party 2's assets, liabilities, and income at time of agreement

3. Schedule C - Excluded Property: Detailed list of specific assets to be excluded from any property division

4. Schedule D - Certificate of Independent Legal Advice (Party 1): Signed certificate from Party 1's lawyer confirming independent legal advice

5. Schedule E - Certificate of Independent Legal Advice (Party 2): Signed certificate from Party 2's lawyer confirming independent legal advice

6. Schedule F - Agreed Division of Household Expenses: Optional schedule detailing how shared household expenses will be divided

7. Schedule G - Business Valuations: Optional schedule containing professional valuations of any business interests

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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Legal Services

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Client Relations

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Relevant Roles

Family Law Attorney

Estate Planning Lawyer

Private Wealth Manager

Financial Advisor

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Estate Planning Consultant

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