The Prenuptial Agreement For Unmarried Couples is essential for common-law partners in Canada who wish to establish clear legal and financial arrangements before or during cohabitation. This document is particularly relevant given that common-law relationships are increasingly common in Canada, and provincial/territorial laws vary in their treatment of unmarried couples' rights. The agreement typically includes comprehensive provisions for property division, support obligations, debt management, and dispute resolution. It's crucial for partners who want to protect their individual assets, manage shared responsibilities, or have complex financial situations involving businesses, investments, or expected inheritances. The document must comply with provincial/territorial family law legislation and consider both federal and local legal requirements to ensure enforceability.
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1. Parties: Identification and details of both partners entering into the agreement
2. Background: Context of the relationship, intention to cohabit, and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including property categories, relationship status, and other relevant terminology
4. Effective Date and Duration: When the agreement takes effect and how long it remains valid
5. Property Rights: Division of property ownership, including separate and joint property
6. Financial Obligations: Sharing of expenses, joint accounts, and financial responsibilities during cohabitation
7. Debts and Liabilities: Treatment of existing and future debts, credit obligations, and financial responsibilities
8. Support Obligations: Arrangements for partner support in case of relationship breakdown
9. Dispute Resolution: Process for resolving disagreements about the agreement or its terms
10. Termination: Circumstances and process for ending the agreement
11. Governing Law: Specification of applicable provincial/territorial law
12. Independent Legal Advice: Confirmation that both parties obtained independent legal counsel
13. Acknowledgments: Parties' confirmation of understanding and voluntary execution of the agreement
1. Children: Provisions regarding existing children or future children, including support and custody arrangements - include when either party has or plans to have children
2. Business Interests: Protection and treatment of business assets and income - include when either party owns a business
3. Inheritance Rights: Treatment of inherited assets and future inheritances - include when significant inheritances are expected
4. Pets: Custody and care arrangements for pets - include when couples have or plan to have pets
5. Cultural or Religious Obligations: Specific provisions related to cultural or religious practices - include for couples with strong cultural/religious considerations
6. International Assets: Treatment of foreign property and assets - include when either party has international holdings
7. Intellectual Property: Protection of intellectual property rights - include for creative professionals or inventors
8. Healthcare and Medical Decisions: Provisions for healthcare decision-making - include when parties want to address medical authority
1. Schedule A - Asset Disclosure: Detailed list of each party's assets and their values at the time of agreement
2. Schedule B - Liability Disclosure: Detailed list of each party's debts and financial obligations
3. Schedule C - Income Disclosure: Current income details for both parties
4. Schedule D - Property Inventory: Detailed inventory of personal property owned by each party
5. Schedule E - Business Valuations: Professional valuations of any business interests
6. Appendix 1 - Financial Statements: Recent financial statements or tax returns
7. Appendix 2 - Property Appraisals: Professional appraisals of significant assets
8. Appendix 3 - Certificates of Independent Legal Advice: Signed certificates from each party's legal counsel
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