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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."
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
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
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
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