Prenuptial (Premarital) Agreement (Canada)

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This Prenuptial Agreement is designed for use in Canada. This legal form is available for immediate download.

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In the day of quick marriages and even quicker divorces, the use of a Prenuptial Agreement is not unusual. In the past, there was a stigma associated with a prenup. If you asked for one, the unspoken message was that the marriage would not last forever. This is no longer the case and many couples find them a useful tool for planning for the future. Another misconception is that it was once thought that a prenup is only for the very rich. Clearly this is not the case as people from all walks of life are finding them useful not only for management of their assets and liabilities, but also as a compliment to an estate plan.

A Prenuptial Agreement sets out how debts and assets will be distributed in the event of death or divorce. If one partner has a large amount of debt, a Prenuptial Agreement will prevent creditors coming after you in the event of a divorce. If you have a child or support obligations from a previous marriage and you pass away, a prenuptial agreement could keep your previously acquired assets separate from your current marital estate. If you have children from a previous marriage, a prenup can also help (along with a valid will) to ensure those children receive part of your estate.

To ensure that your prenuptial agreement is valid and enforceable, the agreement must be in writing, signed by both parties and witnessed, contain a full and complete disclosure of assets and liabilities, ensure that both parties have equal bargaining power and that both parties have received independent legal advice before entering into the agreement.

This form includes the following key provisions:
  • Separate Property: The agreement will allow the parties to set out the property being brought into the marriage that should remain separate in the event of death or divorce
  • Shared Property: Identifies property that will be shared
  • Division of Property: Sets out how all property will be divided in the event of death or divorce
  • Disclosure of Assets and Liabilities: Gives the couple the opportunity to define each party's assets and debts coming into the marriage. This is an important provision as failure to list all assets and liabilities can actually invalidate the agreement
  • Alimony, Support and Maintenance: Sets out any payments that will be made
  • Estate Planning/Wills: References the estate plan and/or Wills of the couple and identifies what will be included (every couple should have a comprehensive estate plan)
  • Additional Clauses: Provides room for the parties to add additional provisions that they may find important

These accurate and easy to use forms will help you protect your rights, property and yourself.

This lawyer-prepared packet includes:
  1. General Instructions and Checklist
  2. Information
  3. Step-by-Step Instructions
  4. Prenuptial Agreement for use in Canada
  5. Certificate of Independent Legal Advice for Canada
Law Compliance: This form can be used in the following provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon
Number of Pages19
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33966
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
Prenuptial Agreement
(Canada)

 

This pre-marital agreement, dated as of __________________, 20_______ (the “Agreement”), by and between ________________ and ________________ (each a “Party,” and together, the “Parties”).
WHEREAS, the Parties intend to marry under the laws of the Province of _______________; and
WHEREAS, the Parties intend for this Agreement to become effective upon their marriage; and
WHEREAS, the Parties wish to enter this Agreement to establish the ownership and division of property between them, including any future property that may be acquired by either or both of them, in the event of divorce, death, or other circumstance that results in the termination of their marriage; and
WHEREAS, the Parties wish to determine the individual and joint property rights and liabilities that may result from their marriage; and
WHEREAS, the Parties have made a full and complete disclosure of their assets and liabilities, including accurately completing Exhibits A and B attached hereto; and
WHEREAS, the Parties have each retained their own separate and independent lawyers, and have received independent legal advice regarding the terms of this Agreement; and
WHEREAS, the Parties acknowledge that they have been provided with at least seven (7) days to review this Agreement and obtain legal advice before executing the Agreement; and
WHEREAS, the Parties have read and understood this Agreement, are executing this Agreement voluntarily, and believe this Agreement to be fair and to represent their intentions with regard to any current or future assets and liabilities.
NOW THEREFORE, in consideration of the Parties intended marriage and of the mutual promises and covenants of this Agreement, the Parties hereby agree as follows:
I.   SEPARATE PROPERTY
A.     Generally.  Each Party shall separately retain all of his or her rights in his or her separate property owned at the time of the execution of this Agreement, however and whenever acquired (the “Separate Property”).  Complete lists of each Partys Separate Property are attached to this Agreement as Exhibits A and B; both exhibits are hereby incorporated into and made a part of this Agreement.   The Separate Property will be free and clear of any claim of the other Party, upon separation or otherwise, without regard to any time or effort invested during the course of the marriage in the maintenance, management, or improvement of the Separate Property.
 
B.     Debts.  The Parties agree that the debts incurred by each Party prior to their marriage will be considered (check the appropriate box):
? ?   Separate Property
?  Shared Property
?  ______________________ (other division).
The debts of each party are listed on Exhibits A and B, as appropriate, attached hereto.
C.     Rights in Separate Property.  The Parties shall enjoy the full right and authority with regard to their Separate Property as each would have had if not married, including but not limited to the right and authority to sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control that Separate Property.
 
D.     Tax Obligations.  Each Party agrees to satisfy any tax obligations related to their Separate Property.
 
II.   SHARED PROPERTY.
A.   Generally.  All property not specifically deemed Separate Property will be considered shared property of the Parties (“Shared Property”).  
 
B.   Distribution on Separation or Divorce.  In the event that the Parties become separated or divorced, or upon the death of a Party, all Shared Property will be deemed to be owned (check the appropriate box):
  Equally, regardless of each Partys initial or ongoing investment in that Shared Property.
  According to the following percentages: ________% for ______________and ____________% for ___________, regardless of each Partys initial or ongoing investment in that Shared Property.
III.   DETERMINATION OF TYPE OF PROPERTY.
A.   Determination of Property Type.  In the event of separation or divorce, the following types of property will be deemed (select one box for each type of property):
Property Type                        Separate     Shared
1.
Any property owned by either Party at the execution of this Agreement
 
 
2.
All property acquired by the Parties after the execution of this Agreement that is held in the names of both Parties
 
 
3.
Any property acquired in exchange for property currently owned by either Party, or from the proceeds of a sale of such currently owned property
 
 
4.
Any income, proceeds or property received, directly or indirectly, from property owned by either Party before the execution of this Agreement
 
 
5.
An increase in value, appreciation or gain during the marriage of any property owned by either Party before the execution of this Agreement
 
 
6.
Any property acquired by a Party through an inheritance
 
 
7.
Any award or settlement received as a result of a lawsuit or other court proceeding before the execution of the Agreement
 
 
8.
Any award or settlement received as a result of a lawsuit or other court proceeding after the execution of the Agreement
 
 
9.
Proceeds from an insurance policy received before the execution of the Agreement
 
 
10.
Proceeds from an insurance policy received after the execution of the Agreement
 
 
11.
Any gambling or lottery winnings received by either Party before the execution of the Agreement
 
 
12.
Any gambling or lottery winnings received by either Party after the execution of the Agreement
 
 
13.
Earnings, salary, wages, bonuses or commissions received or earned before the execution of the Agreement
 
 
14.
Earnings, salary, wages, bonuses or commissions received or earned after the execution of the Agreement
 
 
15.
Any savings and earnings from that savings aggregated or earned before the execution of the Agreement
 
 
16.
Any savings and earnings from that savings aggregated or earned after the execution of the Agreement
 
 
17.
Any commingled property, including the commingled Separate Property of each Party, or any Separate Property that is commingled with Shared Property
 
 
18.
The Parties marital residence and any additional homes
 
 
19.
Other:
 
 
B.   Default Designation.  The Parties hereby agree that if it becomes necessary to determine the ownership of a piece of property because of the Parties separation, or because of the death of one of the Parties, that property will be treated as (check the appropriate box):
  Separate Property unless there is clear and convincing proof of Shared Property.
  Shared Property unless there is clear and convincing proof of Separate Property.
IV.   ALIMONY, SUPPORT, AND MAINTENANCE.
A.   Generally. The Parties acknowledge that (select all appropriate boxes):
 
    ______________________ will be the main provider and wish to establish a claim for alimony, spousal support or separate maintenance for the other Party in the form of:
?one lump sum payment of CAN$____________________
?monthly payments of CAN$_______________________
?property satisfaction of _______________________
?other:______________________________________
 
   The Parties possess sufficient education and job skills to adequately provide for their own support and waive any claim to alimony, spousal support or separate maintenance.  
 
   Other: __________________________________________,
 
However, to the extent that any such waivers of alimony, spousal support or separate maintenance will cause one Party to become eligible for public assistance, that waiver will be modified to eliminate that eligibility.
 
B.  Exceptions.  The provisions providing for alimony, spousal support or separate maintenance, or the waiver of those amounts detailed in IV.A above will not apply if one or more of the following events occur (select all appropriate boxes):
 
  One of the Parties suffers a medical disability and the other Party is both employed and physically able, in which case the disabled Party may receive reasonable spousal support consistent with state law until the disability is concluded, or until the other Party retires or becomes disabled from working, either by agreement or by judicial determination.
 
  The Parties mutually agree that one of the Parties will reduce his or her work hours, and his/her employability or career prospects are negatively impacted by this withdrawal.  In which case, that Party may receive reasonable remedial spousal support consistent with state law for a period of not more than __________ years.
 
  The Parties mutually agree that one of the Parties will not work in order to care for any children born during the marriage, and such Partys employability or career prospects are negatively impacted by this withdrawal.  In which case, that Party may receive reasonable remedial spousal support consistent with state law for a period of not more than __________ years.
 
  The Parties mutually agree that one of the Parties increases his/her work hours in order to support the other Partys continued schooling. In which case, the supporting party shall receive____________________________.
 
   Other (describe in detail): ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
V.   WILLS AND OTHER TRANSFERS OF PROPERTY
Nothing contained in this Agreement shall be considered a waiver of any bequest or devise that one Party may choose to make to the other Party by way of will or codicil, or by way of any gift, grant, or conveyance from one Party to the other Party.
VI.   ADDITIONAL CLAUSES. (Insert any additional agreements between you and your partner): _______________________________________________________________________________________________________________________________________________________________________________________________________________________
VII.   MISCELLANEOUS.
A.   Successors and Assigns.  This Agreement shall be binding and inure to the benefit of the parties, their successors, assigns, and legal representatives.
B.   Effective Date.  This Agreement shall become effective upon the marriage of the Parties.
C.   Amendment; Revocation.  After the Parties are married, this Agreement may be amended or revoked only by written agreement signed by both Parties.
D.   Governing Law.  Without regard to the location of any property affected by this agreement, this Agreement shall be interpreted and enforced under the laws of the Province of _______________, Canada (insert the name of your state).  
E.   Severability.  In the event that any portion of this Agreement shall be held invalid or unenforceable, it is the intent of the parties that all provisions of this Agreement be regarded as separable, and that all remaining provisions remain in full force and effect. It is further the desire of the parties that all provisions of this Agreement be considered as evidence of their intentions by any court, arbitrator, mediator, or other authority that seeks to divide their estate, and that their intentions be respected whatever the legal status of this Agreement or any of its terms.
F.   Paragraph Headings.  The headings of particular paragraphs and subparagraphs are inserted only for convenience and are not part of this Agreement and do not limit the scope of the paragraph or subparagraph to which the heading refers.
G.   Entire Agreement.  This Agreement and the exhibits attached hereto contain the entire agreement of the parties.
 
Signed this ______________ day of _________________, 20___
_______________________________________Husband-to-Be
_______________________________________Wife-to-Be
 
Signed in the presence of:
_______________________________________Witness
_______________________________________Witness
EXHIBIT A
Separate Property and Financial Disclosure of Husband-to-Be: ____________________________
(To be completed by Husband-to-Be)
 
l   List all assets claimed as Separate Property:
 
 
 
 
 
 
 
 
l   List all debts:
 
 
 
 
l   Annual Income: CAN$__________________________________________
 
l   The total value of all of my assets is approximately: CAN$______________.
EXHIBIT B
Separate Property and Financial Disclosure of Wife-to-Be: ____________________________
(To be completed by Wife-to-Be)
 
 
l   List all assets claimed as Separate Property:
 
 
 
 
 
 
 
 
l   List all debts:
 
 
 
 
l   Annual Income: CAN$___________________________________________
 
l   The total value of all of my assets is approximately: CAN$______________.
 
 
 
 
Certificate of Independent Legal Advice
 
I HEREBY CERTIFY THAT:
 
1.    On this ____________ day of ___________________________, 20____, I was consulted by _____________________________________________ (insert name of Client) ("the Client")
 
2.   The Client consulted me in his/her presence alone as to the effect of executing _______________________________ (insert name of document, e.g., Premarital Agreement) ("the Agreement").
 
3.   I explained to the Client the nature of the Agreement, and fully advised him/her as to the effect of the Agreement on his/her rights, the advantages and disadvantages of the Agreement, whether or not it was prudent for the Client to enter into the Agreement, and whether the provisions of the Agreement are just and equitable.
 
4.   The Client appeared to understand the nature and effect of executing the Agreement, and the risks and consequences which could arise there under.
 
5.   The Client advised me that he/she is acting freely and voluntarily, and that no compulsion or threat was used, nor any undue influence exercised by any other person to induce the Client to execute the Agreement.
 
6.   The Client consulted me and I gave the advice prior to execution of the Agreement.
 
7.    I have given this advice to the Client as lawyer for him/her and without regard to or consideration for the interest of any other person.
 
                     LAWYER:
 
                     ______________________________
                     Signature
                     ______________________________
                     Name (please print)
                     ______________________________
                     Title (if applicable) 
 
I HEREBY ACKNOWLEDGE AND DECLARE that all statements made in the foregoing Certificate are true and correct and that the lawyer advising me was consulted by me as my personal lawyer and in my own interests only, and that I received the aforesaid advice before executing the Agreement.
 
                     CLIENT:
                     ______________________________
                     Signature
                     ______________________________
                     Name (please print)
 

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North Fort Myers,

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Gave me the appropriate structure to develop the prenup. Was easy to use especially if it is two US nationals who are to be married. I'm from the UK so it was a touch more complicated in terms of protecting title to assets held in my name in the uk prior to the marriage.


Sand Springs,

OK

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I thought the fee was very reasonable and the instruction and checklists were excellent. I would recommend this form to anyone thinking they may need a prenupitial agreement for our state.


Hammond,

IN

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I found this product easy and convenient to use and by far accessing the forms was more preferable than other sights which were explored to obtain said forms. The cost was reasonable and the instruction provided needed clarity, making the experience good for myself and my wife. I would highly recommend the sight to any who may be looking for assistance. A sincere THANK YOU!!


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