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Civil Partnership Prenup

Civil Partnership Prenup Template for Canada

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Key Requirements PROMPT example:

Civil Partnership Prenup

"I need a Civil Partnership Prenup that protects my tech startup company and assets in both Canada and the US, with my partnership planned for March 2025; my partner and I both want to ensure our separate business interests remain protected while fairly dividing any joint assets we acquire after the partnership."

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Document background
A Civil Partnership Prenup is essential for partners in Canada who wish to establish clear financial arrangements before entering into a civil partnership. This document is particularly important given Canada's complex federal-provincial legal framework, where both federal legislation (such as the Civil Marriage Act) and provincial family law statutes apply. The agreement typically includes comprehensive financial disclosure, property division arrangements, support obligations, and can address business interests, inheritance rights, and international assets. It's especially relevant for partners with significant assets, business interests, or those entering subsequent partnerships. The document must comply with provincial family law requirements and, in Quebec, align with civil law principles. Independent legal advice is mandatory for both parties to ensure the agreement's enforceability.
Suggested Sections

1. Parties: Identifies and provides full legal details of both parties entering into the agreement

2. Background: Sets out the context of the agreement, including the intended civil partnership and the parties' intention to clarify their financial rights and obligations

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Purpose and Intentions: Clearly 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 independent legal advice before signing the agreement

6. Financial Disclosure: Acknowledges that both parties have made full and frank disclosure of their financial positions

7. Separate Property: Identifies assets and property that will remain separate property of each party

8. Joint Property: Defines how jointly acquired property will be treated during the partnership and upon dissolution

9. Division of Property on Separation: Specifies how property will be divided if the relationship breaks down

10. Support Obligations: Outlines any agreed-upon partner support arrangements in case of separation

11. Dispute Resolution: Sets out the process for resolving any disputes arising from the agreement

12. Amendment and Review: Specifies how and when the agreement can be modified

13. Governing Law: Confirms that the agreement is governed by Canadian law and specifies the applicable province

14. Severability: States that if any provision is found invalid, the remainder of the agreement remains in force

15. Execution: Details for proper execution of the agreement, including witness requirements

Optional Sections

1. Business Interests: Protects business assets and outlines how business interests will be treated - include when either party owns a business

2. Inheritance and Gifts: Addresses treatment of inherited assets and gifts - include when significant inheritances are expected or received

3. International Assets: Addresses property and assets held in other jurisdictions - include when parties have international holdings

4. Intellectual Property Rights: Protects intellectual property owned by either party - include for creative professionals or business owners

5. Pets and Animals: Addresses ownership and care of pets - include when parties have or plan to have pets

6. Religious Requirements: Incorporates religious obligations or requirements - include when parties wish to address religious aspects

7. Death Benefits: Addresses rights upon death of either party - include when parties want to address inheritance rights

8. Children from Previous Relationships: Addresses obligations to children from previous relationships - include when applicable

9. Future Business Ventures: Addresses treatment of future business opportunities - include for entrepreneurial couples

10. Digital Assets: Addresses ownership and division of digital assets - include for couples with significant digital holdings

Suggested Schedules

1. Schedule A - Assets and Liabilities of First Party: Detailed listing of all assets and liabilities of the first party at the time of agreement

2. Schedule B - Assets and Liabilities of Second Party: Detailed listing of all assets and liabilities of the second party at the time of agreement

3. Schedule C - Joint Property Schedule: Listing of all property agreed to be joint property at the time of agreement

4. Schedule D - Excluded Property: Listing of all property specifically excluded from division

5. Schedule E - Business Valuations: Professional valuations of any business interests owned by either party

6. Schedule F - Certificates of Independent Legal Advice: Signed certificates from legal advisors confirming independent legal advice

7. Appendix 1 - Financial Statements: Recent financial statements, tax returns, and other financial documentation

8. Appendix 2 - Property Valuations: Professional valuations of significant assets such as real estate

9. Appendix 3 - Supporting Documentation: Additional relevant documentation such as trust agreements or inheritance letters

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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