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Prenup Without Accrual Template for Canada

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Key Requirements PROMPT example:

Prenup Without Accrual

"I need a Prenup Without Accrual agreement for my upcoming marriage in March 2025, specifically to protect my technology startup and existing investment portfolio, with clear provisions that any business growth during the marriage remains my separate property."

Document background
The Prenup Without Accrual is a specialized form of prenuptial agreement used in Canadian jurisdictions when parties wish to maintain complete separation of their assets both during marriage and in the event of its dissolution. This type of agreement is particularly suitable for high-net-worth individuals, business owners, or those entering second marriages who want to ensure their assets remain entirely separate without any sharing of growth or accrual during the marriage. The document must comply with both federal and provincial legislation, including the Divorce Act and relevant provincial Family Law Acts. It requires full financial disclosure from both parties and independent legal advice to be enforceable. The agreement typically includes detailed schedules of assets, provisions for future property acquisition, spousal support terms, and may also address business interests, inheritances, and other financial matters. This type of prenuptial agreement is especially relevant when one or both parties have significant pre-existing assets, business interests, or anticipated inheritances they wish to protect.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement

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

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

6. Separate Property: Definition and treatment of property owned by each party before marriage

7. Joint Property: Treatment of property acquired jointly during marriage

8. Future Property: Treatment of property acquired individually during marriage

9. Debts and Liabilities: Handling of pre-existing and future debts

10. Spousal Support: Terms regarding spousal support rights and obligations

11. Death of a Spouse: Property division and rights upon death of either spouse

12. Dispute Resolution: Process for resolving disagreements about the agreement

13. Governing Law: Specification of applicable Canadian provincial law

14. Severability: Provision for maintaining validity if parts are found unenforceable

15. Amendment: Process for modifying the agreement

16. Execution: Signing and witnessing requirements

Optional Sections

1. Business Interests: Protection of business assets and future business ventures

2. Inheritance and Gifts: Treatment of inherited property and gifts received during marriage

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

4. Religious Requirements: Incorporation of religious marriage contract requirements

5. Children from Previous Relationships: Provisions regarding existing children's inheritance rights

6. Pets: Ownership and care responsibilities for pets

7. Family Heirlooms: Special provisions for family heirlooms and sentimental items

8. International Assets: Treatment of property held in other jurisdictions

9. Education and Career: Provisions regarding support for education or career development

10. Digital Assets: Treatment of digital assets and cryptocurrencies

Suggested Schedules

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

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

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

4. Schedule D - Business Valuations: Professional valuations of business interests

5. Schedule E - Real Property Details: Details of real estate ownership and valuations

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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