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Marital Property Agreement Template for Canada

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Key Requirements PROMPT example:

Marital Property Agreement

"I need a Marital Property Agreement to protect my technology startup and intellectual property assets before my marriage in March 2025, ensuring these business assets remain separate property while allowing for fair division of future joint acquisitions."

Document background
The Marital Property Agreement serves as a crucial legal tool for couples in Canada who wish to establish clear terms for property division that may differ from their province's default matrimonial property regime. This document is commonly used before marriage (as a prenuptial agreement) or after marriage (as a marriage contract or postnuptial agreement). It becomes particularly important when parties bring substantial assets to the marriage, own businesses, expect significant inheritances, or have complex financial arrangements. The agreement must comply with both federal divorce laws and provincial/territorial property laws, requiring independent legal advice and full financial disclosure from both parties. The document typically includes detailed schedules of assets, debts, and financial obligations, and can be especially relevant for business owners, high-net-worth individuals, or those entering second marriages with established assets.
Suggested Sections

1. Parties: Identification and details of both spouses/intended spouses

2. Background: Context of the agreement, including whether it's pre-marriage or post-marriage, and general purpose

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

4. Independent Legal Advice: Confirmation that both parties have received independent legal advice

5. Financial Disclosure: Acknowledgment of full financial disclosure between parties

6. Separate Property: Identification and treatment of property owned separately by each spouse

7. Joint Property: Treatment of jointly owned property and future joint acquisitions

8. Matrimonial Home: Specific provisions regarding the matrimonial home(s)

9. Future Property: Treatment of property acquired after marriage

10. Debts and Liabilities: Handling of existing and future debts

11. Amendments: Process for making future changes to the agreement

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

13. Severability: Clause ensuring partial invalidity doesn't void entire agreement

14. Execution: Signing and witnessing requirements

Optional Sections

1. Business Interests: Specific provisions for handling business assets and interests, used when either party owns a business

2. Inheritance and Gifts: Special provisions for inherited property or gifts, used when significant inheritance is expected

3. International Property: Provisions for property held outside Canada, used when parties have foreign assets

4. Trust Interests: Provisions regarding trust beneficiary interests, used when either party has trust arrangements

5. Intellectual Property: Provisions for intellectual property rights, used for parties with significant IP assets

6. Family Gifts and Loans: Treatment of gifts or loans from family members, used when family financial involvement exists

7. Pets: Provisions regarding ownership and care of pets, used when parties have pets they want to address

8. Cultural Property: Provisions for culturally significant property, particularly relevant for Indigenous persons

Suggested Schedules

1. Schedule A - Assets of First Party: Detailed list of first party's assets and their values at time of agreement

2. Schedule B - Assets of Second Party: Detailed list of second party's assets and their values at time of agreement

3. Schedule C - Joint Assets: List of jointly owned assets and their values

4. Schedule D - Debts and Liabilities: Detailed list of each party's debts and liabilities

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

6. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from each party's lawyer

7. Appendix 2 - Financial Statements: Current financial statements of both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Estate Planning Lawyer

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