Antenuptial Agreement Template for Canada

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Key Requirements PROMPT example:

Antenuptial Agreement

I need an Antenuptial Agreement drafted for a technology business owner in Ontario who has significant intellectual property assets and is getting married in March 2025; the agreement should particularly focus on protecting business assets and future IP developments.

Document background
An Antenuptial Agreement is a crucial legal document used in Canadian jurisdictions when two individuals are planning to enter into marriage and wish to establish clear terms regarding their financial and property rights. This type of agreement is particularly relevant when one or both parties bring significant assets to the marriage, own businesses, expect substantial inheritances, or have obligations from previous relationships. The document must comply with both federal divorce legislation and provincial family law requirements, which vary by province/territory. It typically includes comprehensive financial disclosure, property division arrangements, spousal support terms, and various other provisions tailored to the specific circumstances of the parties. To be enforceable, the agreement must be properly executed with both parties receiving independent legal advice, making it essential to involve qualified legal professionals in its preparation and execution.
Suggested Sections

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

2. Background: Context of the agreement, including the planned marriage date and general purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Financial Disclosure: Acknowledgment of full financial disclosure by both parties

5. Separate Property: Identification and treatment of property owned by each party before marriage

6. Marital Property: Treatment of property acquired during marriage and rules for division

7. Income and Expenses: Handling of income, expenses, and financial responsibilities during marriage

8. Debts and Liabilities: Treatment of pre-existing and future debts and liabilities

9. Spousal Support: Terms regarding spousal support/alimony in case of separation or divorce

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

11. Amendment and Termination: Conditions and process for modifying or terminating the agreement

12. Governing Law: Specification of applicable Canadian province/territory law

13. Severability: Provision ensuring remainder of agreement stays valid if any part is found unenforceable

14. Execution: Signature requirements and execution details

Optional Sections

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

2. Inheritance and Gifts: Treatment of expected inheritances or significant gifts

3. Existing Children: Provisions regarding children from previous relationships

4. Future Children: Agreements regarding future children's education or trust funds

5. Life Insurance: Requirements for life insurance policies and beneficiary designations

6. Retirement Accounts: Treatment of retirement savings and pension rights

7. Intellectual Property: Protection of intellectual property rights and future creations

8. Religious Requirements: Specific provisions related to religious marriage requirements or dissolution

9. Residence Rights: Agreements regarding matrimonial home and residence rights

10. Foreign Property: Treatment of property held outside Canada

Suggested Schedules

1. Schedule A - Party 1 Assets: Detailed list of Party 1's assets, including valuations

2. Schedule B - Party 2 Assets: Detailed list of Party 2's assets, including valuations

3. Schedule C - Party 1 Liabilities: Detailed list of Party 1's debts and liabilities

4. Schedule D - Party 2 Liabilities: Detailed list of Party 2's debts and liabilities

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

6. Schedule F - Real Estate Appraisals: Professional appraisals of real estate properties

7. Appendix 1 - Certificate of Independent Legal Advice (Party 1): Confirmation of independent legal advice received by Party 1

8. Appendix 2 - Certificate of Independent Legal Advice (Party 2): Confirmation of independent legal advice received by Party 2

9. Appendix 3 - Financial Statements: Current financial statements of both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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