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Antenuptial Agreement After Marriage Template for Canada

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Antenuptial Agreement After Marriage

Need to draft an Antenuptial Agreement After Marriage for a Canadian couple based in Ontario, where one spouse owns multiple business ventures and property in both Canada and the US; agreement needs to be finalized by March 2025.

Document background
An Antenuptial Agreement After Marriage (postnuptial agreement) is utilized in Canadian jurisdictions when married couples wish to formally structure their financial and property rights differently from the default matrimonial property regime after their marriage has already taken place. This document becomes relevant when couples experience significant life changes, receive substantial inheritances, start businesses, or simply wish to clarify their financial relationships post-marriage. The agreement must comply with provincial family law legislation and requires extensive financial disclosure, independent legal advice for both parties, and proper execution to be enforceable. It typically addresses property division, support obligations, debt allocation, and can include provisions for business interests, inheritance rights, and future asset acquisition. While similar to prenuptial agreements in content, these agreements require additional scrutiny from courts due to their post-marriage timing and the existing fiduciary relationship between spouses.
Suggested Sections

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

2. Background: Recitals explaining the circumstances leading to the agreement, including date of marriage and reason for postnuptial agreement

3. Definitions: Key terms used throughout the agreement defined for clarity and consistency

4. Purpose and Intent: Clear statement of the parties' intentions in entering the agreement and acknowledgment of its binding nature

5. Independent Legal Advice: Confirmation that both parties have received independent legal advice before signing

6. Financial Disclosure: Acknowledgment of full and frank financial disclosure by both parties

7. Division of Property: Terms for division of matrimonial property and excluded property

8. Debts and Liabilities: Allocation of responsibility for existing and future debts

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

10. Dispute Re红杏直播: Process for resolving any future disputes regarding the agreement

11. Governing Law: Specification of applicable provincial law and jurisdiction

12. Severability: Provision ensuring remaining clauses stay valid if some are found unenforceable

13. Amendment and Termination: Conditions under which the agreement can be modified or terminated

14. Execution: Formal requirements for signing and witnessing the agreement

Optional Sections

1. Children and Parenting: Include when there are children from current or previous relationships, addressing guardianship and support obligations

2. Business Interests: Include when either spouse owns business interests that need protection

3. Inheritance Rights: Include when addressing rights to inherit from each other's estates

4. Religious Requirements: Include when religious laws or customs need to be incorporated

5. International Assets: Include when parties have assets in multiple jurisdictions

6. Intellectual Property: Include when either party has significant intellectual property rights

7. Pet Provisions: Include when addressing ownership and care of pets

8. Family Gifts and Loans: Include when there are significant family gifts or loans to be addressed

9. Future Property Acquisition: Include when specifying treatment of property acquired after the agreement

Suggested Schedules

1. Schedule A - Wife's Financial Disclosure: Detailed list of wife's assets, liabilities, income, and financial interests

2. Schedule B - Husband's Financial Disclosure: Detailed list of husband's assets, liabilities, income, and financial interests

3. Schedule C - Joint Assets and Liabilities: List of all jointly owned property and shared debts

4. Schedule D - Excluded Property: Itemized list of property excluded from division under the agreement

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

6. Schedule F - Real Property Details: Legal descriptions and valuations of real estate

7. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from each party's lawyer confirming independent legal advice

8. Appendix 2 - Supporting Documents: Copies of relevant documents referenced in the agreement

Authors

Alex Denne

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

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