A Cohabitation Prenuptial Agreement is essential for unmarried couples in Canada who wish to establish clear legal and financial arrangements for their domestic partnership. 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 and territories. The agreement typically addresses property division, support obligations, debt management, and other financial matters, providing certainty and protection for both parties. It should be drafted in compliance with the relevant provincial/territorial family law legislation and requires independent legal advice for both parties to ensure enforceability. The document can be especially important for partners with significant assets, business interests, or children from previous relationships, as it helps prevent future disputes and provides a clear framework for financial arrangements during cohabitation and in the event of separation.
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1. Parties: Identifies and provides full legal names and addresses of both parties entering into the agreement
2. Background: Outlines the context of the agreement, states the parties' intention to live together, and confirms their desire to define their rights and obligations
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Purpose and Intentions: States the objectives of the agreement and confirms both parties' intention to be bound by its terms
5. Independent Legal Advice: Confirms that both parties have received or had the opportunity to receive independent legal advice
6. Property Rights: Defines how property owned before cohabitation and acquired during cohabitation will be treated
7. Financial Obligations: Outlines shared and individual financial responsibilities during cohabitation
8. Separation Provisions: Details the agreed-upon division of assets and obligations in case of relationship breakdown
9. Dispute Resolution: Specifies the process for resolving any disputes arising from the agreement
10. Amendment and Review: Procedures for modifying the agreement and periodic review provisions
11. Governing Law: Specifies the provincial/territorial law governing the agreement
12. Severability: States that if any provision is found invalid, the remainder of the agreement remains in effect
13. Execution: Formal signing section with witness requirements and date
1. Children and Parenting: Include when either party has children from previous relationships or if planning for future children
2. Business Assets: Include when either party owns a business or may establish one during cohabitation
3. Inheritance Rights: Include when parties wish to address inheritance rights and estate planning
4. Pets and Pet Care: Include when the parties have or plan to have pets together
5. Debt Management: Include when either party has significant pre-existing debt or specific debt management plans
6. Support Obligations: Include when parties wish to address potential future support obligations
7. Cultural or Religious Considerations: Include when specific cultural or religious practices need to be acknowledged
8. Insurance Provisions: Include when parties wish to address life, health, or property insurance requirements
9. Retirement Assets: Include when parties have significant retirement assets or specific retirement planning needs
1. Schedule A - Assets and Liabilities: Detailed listing of each party's assets and liabilities at the time of agreement
2. Schedule B - Financial Disclosure: Complete financial disclosure from both parties including income, investments, and financial obligations
3. Schedule C - Property Inventory: Detailed inventory of personal property owned by each party
4. Schedule D - Business Assets: Detailed description and valuation of any business assets owned by either party
5. Schedule E - Excluded Property: List of assets specifically excluded from the agreement
6. Appendix 1 - Certificate of Independent Legal Advice: Certificates from lawyers confirming independent legal advice was provided to each party
7. Appendix 2 - Property Valuations: Professional valuations of significant assets mentioned in the agreement
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