formalities
formalitiesstatute
Family Property and Support Act, R.S.Y. 2002, c. 83
Marriage-contract formDomestic contracts under the Act are written. Territorial practice is not U.S. acknowledgment law and not Québec notarial form.
- Photos and unsigned templates are not a completed domestic contract.
- If the file calls itself a prenup, the formation question is still this province’s marriage-contract form, not California Fam. Code or Sambolagen.
acknowledgment
acknowledgmentstatute
Family Property and Support Act, R.S.Y. 2002, c. 83
Witnesses, notaries, and acknowledgementsDomestic contracts under the Act are written. Territorial practice is not U.S. acknowledgment law and not Québec notarial form.
- Witnessing, if required, is a provincial formality. It is not a U.S. notary acknowledgment statute.
property
propertystatute
Family Property and Support Act, R.S.Y. 2002, c. 83
Default property regime for spousesFamily-property division is territorial. Do not use Ontario NFP worksheets or Québec patrimony categories.
- The contract’s job is usually to modify or confirm that default, within what the statute lets parties do.
- Territorial law is first-class in this catalog. Do not treat Yukon as 'probably like BC.'
permitted_subjects
permitted subjectsstatute
Family Property and Support Act, R.S.Y. 2002, c. 83
What this instrument can try to coverA marriage contract typically addresses property, debts, and sometimes support between spouses. Public-order limits (Québec family patrimony; child support everywhere) still apply.
- Estate, beneficiary, and corporate-share clauses may need other instruments. Flag them as possibly outside this pack’s core statute.
spousal_support
spousal supportstatute
Family Property and Support Act, R.S.Y. 2002, c. 83
Support language versus support lawThe same statute addresses support. A property clause is not a complete support analysis.
- Federal Divorce Act analysis for married spouses is a gap this pack flags rather than filling from memory.
child_support
child supportstatute
Family Property and Support Act, R.S.Y. 2002, c. 83
Children are not ordinary contract subjectsChild support remains under child-support law.
- Parenting time, custody labels, and child-support waivers should be routed to a lawyer. This product does not decide them.
voluntariness
voluntarinessstatute
Family Property and Support Act, R.S.Y. 2002, c. 83
Setting aside, disclosure, and adviceFairness, disclosure, and advice are lawyer questions under the Act and general law.
- Independent legal advice certificates, if attached, are evidence. They are not U.S. statutory forms and they do not decide the case.
- Financial schedules referenced but not in the upload are missing-exhibit questions, not proof of disclosure.
financial_disclosure
financial disclosurestatute
Family Property and Support Act, R.S.Y. 2002, c. 83
Financial disclosure as a fairness factCanadian family agreements are often judged partly on whether each party knew the assets and debts. This pack does not invent a U.S. statutory disclosure exhibit list.
- If the contract recites schedules that are not in the file, say so. Do not invent net-worth numbers from intake.
independent_counsel
independent counselstatute
Family Property and Support Act, R.S.Y. 2002, c. 83
Independent legal adviceCanadian family agreements often stand or fall partly on whether each party could get advice. That is not a uniform statutory certificate across provinces, and Québec notarial counseling is a different professional model from common-law ILA letters.
- Absence of an ILA letter is not automatic invalidity. Presence of a letter is not automatic validity.
timing
timingstatute
Family Property and Support Act, R.S.Y. 2002, c. 83
Timing around the weddingA first draft delivered immediately before a wedding is a voluntariness and understanding fact. Canada does not use a single U.S.-style statutory waiting period in these packs.
- Effective-date language in the contract is not proof the statutory regime attached on that date.
limitations
limitationsstatute
Family Property and Support Act, R.S.Y. 2002, c. 83
What this pack will not inventTerritorial law is first-class in this catalog. Do not treat Yukon as 'probably like BC.'
- Conflicts of laws if the couple later lives in another province or country are a gap.
- Tax, immigration, and Indigenous family-law systems are not fully catalogued here.