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Prenup Without Marriage Template for Canada

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Key Requirements PROMPT example:

Prenup Without Marriage

"I need a Prenup Without Marriage agreement for a Canadian couple in Ontario, where one party owns a successful tech startup and significant cryptocurrency assets, with the agreement to take effect from March 2025."

Document background
The Prenup Without Marriage (Cohabitation Agreement) is essential for unmarried couples in Canada who plan to live together and wish to establish clear legal and financial arrangements. This document is particularly relevant given the increasing prevalence of common-law relationships in Canada and the varying rights afforded to unmarried couples across different provinces. The agreement typically covers property division, support obligations, debt management, and dispute resolution procedures. It requires careful consideration of both federal and provincial laws, particularly regarding property rights and support obligations. The document must be drafted with attention to the specific requirements of the relevant provincial Family Law Act and should be reviewed by independent legal counsel for each party. Unlike traditional prenuptial agreements for married couples, this document specifically addresses the unique legal position of common-law partners and can be customized to address various scenarios including business ownership, inheritance rights, and future property acquisition.
Suggested Sections

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

2. Background: Context of the relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Effective Date and Duration: When the agreement takes effect and how long it remains valid

5. Separate Property: Declaration and treatment of property owned by each party before cohabitation

6. Joint Property: Treatment of property acquired jointly during cohabitation

7. Financial Obligations: Day-to-day financial responsibilities and expense sharing

8. Debts and Liabilities: Treatment of existing and future debts

9. Support Obligations: Terms regarding partner support in case of relationship breakdown

10. Dispute Resolution: Process for resolving disagreements

11. Termination: Circumstances and process for terminating the agreement

12. Governing Law: Specification of applicable provincial law

13. Independent Legal Advice: Acknowledgment that both parties have received independent legal advice

14. Entire Agreement: Standard clause confirming this document represents the complete agreement

Optional Sections

1. Business Interests: Protection of business assets and operation in case of relationship breakdown

2. Inheritance Rights: Treatment of inherited property and future inheritances

3. Intellectual Property: Protection of intellectual property rights

4. Pet Ownership: Agreement on pet custody and care in case of separation

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

6. Health Care Decisions: Authority for medical decisions if one partner becomes incapacitated

7. Property Use Rights: Specific terms about usage rights for properties owned by either party

8. Future Children: Provisions regarding potential future children and related financial responsibilities

Suggested Schedules

1. Schedule A - Financial Disclosure: Detailed list of each party's assets, income, and financial obligations

2. Schedule B - Separate Property: Comprehensive list of property owned by each party before cohabitation

3. Schedule C - Joint Property: List of property owned jointly at the time of agreement

4. Schedule D - Business Assets: Detailed description of business interests and their agreed treatment

5. Schedule E - Debt Schedule: List of existing debts and liabilities of both parties

6. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from lawyers confirming independent legal advice

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

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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Professional Services

Insurance

Banking

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Family Law Practice

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Client Services

Wealth Planning

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Relevant Roles

Family Lawyer

Estate Planning Attorney

Legal Document Specialist

Paralegal

Family Law Partner

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Contract Manager

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Real Estate Lawyer

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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