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Prenup With Accrual
"I need a Prenup With Accrual agreement for a Canadian couple where one party owns a technology startup and wants to protect their pre-existing intellectual property while ensuring fair sharing of future business growth during the marriage."
1. Parties: Identification of both parties entering into the prenuptial agreement
2. Background: Context of the agreement, including the intended marriage and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including definitions of separate and joint property, accrual, etc.
4. Financial Disclosure: Detailed acknowledgment of financial disclosure by both parties
5. Separate Property: Definition and listing of assets that remain separate property of each spouse
6. Joint Property: Definition and treatment of property acquired during marriage
7. Accrual Calculation: Method for calculating the accrual of wealth during marriage and its division
8. Spousal Support: Terms regarding spousal support rights and obligations
9. Dispute Resolution: Process for resolving disputes related to the agreement
10. Governing Law: Specification of applicable Canadian provincial law
11. Severability: Clause ensuring partial invalidity doesn't void entire agreement
12. Independent Legal Advice: Confirmation that both parties received independent legal counsel
13. Execution: Signing and witnessing requirements
1. Business Interests: Required when either party owns a business or may inherit/start one
2. Inheritance and Gifts: Include when there are significant expected inheritances or family gifts
3. International Assets: Required when parties have assets in multiple jurisdictions
4. Children from Previous Relationships: Include when either party has children from previous relationships
5. Family Heirlooms: Include when there are significant family heirlooms or emotional-value assets
6. Intellectual Property: Required when either party has or expects to have significant IP assets
7. Religious Requirements: Include when parties wish to incorporate religious marriage contract requirements
1. Schedule A - Assets of First Party: Detailed list of first party's assets and their values at time of agreement
2. Schedule B - Assets of Second Party: Detailed list of second party's assets and their values at time of agreement
3. Schedule C - Joint Assets: List of any existing joint assets and their agreed treatment
4. Schedule D - Excluded Property: Specific items agreed to be excluded from accrual calculations
5. Schedule E - Accrual Calculation Method: Detailed methodology for calculating and dividing accrual
6. Appendix 1 - Certificate of Independent Legal Advice (First Party): Signed certificate from first party's lawyer
7. Appendix 2 - Certificate of Independent Legal Advice (Second Party): Signed certificate from second party's lawyer
8. Appendix 3 - Financial Statements: Current financial statements of both parties
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