When you start living with an intimate partner, or contemplate doing so, you might wonder whether you need a cohabitation agreement.
While there is no legal requirement that you sign a cohabitation agreement before you live with an intimate partner, cohabitation agreements can help reduce stress, uncertainty, acrimony, and grief in the unfortunate event that you and your partner later separate.
Cohabitation agreements are legally binding written family law agreements between people who are not married but are living together as a couple that address how property and debt will be divided or whether spousal support will be paid if the relationship ends. Less frequently, cohabitation agreements may also set out who is responsible for performing certain household duties or for paying household expenses and managing debts while the couple lives together.
People who enter into cohabitation agreements may or may not become unmarried “spouses” under the BC Family Law Act. They will become spouses if they live together in a marriage-like relationship for two years, or if they live together in a marriage-like relationship for less than two years and have a child together. Cohabitation agreements often address whether the terms of the agreement will continue if the parties marry, or alternatively, whether the act of marrying will terminate the agreement or require review and revision.
Why might you want a cohabitation agreement?
A cohabitation agreement may be a good idea for you if:
You want to keep your property and income separate from your partner’s if your relationship breaks down, especially if you already have a substantial amount of property.
You want to protect yourself from your partner’s debts, especially if they already have a significant amount of debt.
You want to help ensure you don’t have to pay spousal support in the future.
You want to help ensure your partner pays you a certain amount of spousal support if you separate.
You or your partner are bringing a child from a previous relationship into the relationship.
Your income is significantly higher than your partner’s income.
Having a well-drafted cohabitation agreement, particularly in these situations, may save you thousands of dollars in legal fees in the future if you and your partner separate and disagree on how property and debt should be divided or whether one of you is entitled to spousal support.
At the start of an intimate relationship, it is often difficult to predict, or even think about, how your relationship may develop or whether your partner will act reasonably and fairly if either of you decides to end the relationship. This is because most intimate relationships are initially founded on a certain degree of trust between the individuals involved. Setting clear terms and expectations from the outset can help prevent unpleasant surprises down the road.
However, every case is unique, and this is not intended as legal advice applicable to any particular set of circumstances. If you would like to explore whether a cohabitation agreement is appropriate in your circumstances, you should seek legal advice from a lawyer.
At Illuma Law, we help clients draft and negotiate cohabitation agreements. If you are considering getting a cohabitation agreement and want some professional advice, we would be happy to assist.
Please contact our office for a consultation with one of our family law lawyers.
The material provided in this blog is for general information and education purposes only and does not contain, and should not be construed as containing, legal advice applicable to a particular set of facts. If you require legal advice, please contact us for a consultation with one of our experienced family law lawyers.
