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Pre Marriage Agreement Template for Canada

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Key Requirements PROMPT example:

Pre Marriage Agreement

"I need a Pre Marriage Agreement drafted before my wedding in March 2025 that specifically protects my technology startup company and its intellectual property, while ensuring fair treatment of any joint assets we acquire during the marriage."

Document background
Pre-Marriage Agreements are essential legal documents in Canada for couples planning to marry who wish to establish clear terms regarding their financial and property rights. These agreements are particularly crucial for individuals with significant assets, business interests, expected inheritances, or children from previous relationships. The document must comply with both federal legislation (such as the Divorce Act) and provincial family law requirements, which can vary by jurisdiction. A valid Pre-Marriage Agreement requires full financial disclosure from both parties, independent legal advice, and should be executed well in advance of the wedding date to avoid claims of duress. The agreement typically covers property division, support obligations, business interests, inheritance rights, and other financial matters, while ensuring fairness and compliance with public policy.
Suggested Sections

1. Parties: Identification of both parties entering into the agreement, including full legal names and current addresses

2. Background: Recitals stating the parties' intention to marry, acknowledgment of entering the agreement freely, and confirmation of independent legal advice

3. Definitions: Definitions of key terms used throughout the agreement including 'matrimonial home', 'separate property', 'joint property', etc.

4. Purpose and Scope: Statement of the agreement's objectives and its intended application

5. Property Rights: Detailed provisions regarding separate property, joint property, and future acquisitions

6. Treatment of Income: Provisions regarding treatment of employment income, business income, and investment returns during marriage

7. Debts and Liabilities: Allocation of responsibility for existing and future debts

8. Spousal Support: Terms regarding spousal support rights and obligations in case of separation

9. Death and Inheritance: Provisions regarding rights upon death of either party

10. Dispute Resolution: Procedures for resolving disputes related to the agreement

11. Governing Law: Specification of applicable law and jurisdiction

12. Severability: Clause ensuring remainder of agreement stays valid if any provision is found unenforceable

13. Execution: Formal requirements for signing and witnessing the agreement

Optional Sections

1. Business Interests: Provisions protecting business assets and future business ventures - include when either party owns or plans to own a business

2. Intellectual Property: Provisions regarding ownership and rights to intellectual property - include for professionals or creative individuals

3. International Assets: Specific provisions for assets held in other countries - include for parties with international holdings

4. Children from Previous Relationships: Provisions protecting inheritance rights of existing children - include when either party has children from previous relationships

5. Family Gifts and Inheritances: Specific provisions for treatment of family gifts or expected inheritances - include when significant family wealth is involved

6. Educational Expenses: Provisions regarding future educational expenses - include when either party plans to pursue further education

7. Religious Requirements: Specific provisions aligned with religious requirements - include when parties wish to incorporate religious elements

8. Pets and Animal Care: Provisions regarding ownership and care of pets - include when parties have or plan to have pets

Suggested Schedules

1. Schedule A - Financial Disclosure (Party 1): Detailed list of Party 1's assets, liabilities, income, and financial interests

2. Schedule B - Financial Disclosure (Party 2): Detailed list of Party 2's assets, liabilities, income, and financial interests

3. Schedule C - Separate Property List: Itemized list of property to remain separate during marriage

4. Schedule D - Family Gifts and Heirlooms: List of specific family items and their agreed treatment

5. Schedule E - Business Valuations: Professional valuations of any business interests

6. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from legal counsel for both parties

7. Appendix 2 - Supporting Documentation: Additional documentation such as property valuations, tax returns, or investment statements

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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Family Law Attorney

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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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