Cohabitation Agreement Lawyers in Guelph
Moving in with your partner is a big decision. Today’s couples often come together with children of previous relationships, complicated financial arrangements, or property owned before the relationship. A cohabitation agreement can address things like:
- Protecting your property to pass on to your existing children.
- Preserving assets brought into a relationship and removing them from asset splitting upon separation.
- If you expect to receive an inheritance in the future, it can be protected in the event of a separation.
- Ensuring that children from a previous relationship will be supported.
- Reimbursement for down payments or other financial gifts made to one party by family members.
MFC Lawyers will create a customized cohabitation agreement that outlines how assets, liabilities, and support will be handled in a separation. Move forward confidently in your relationship with the knowledge that your financial interests are safe.
— Heather C.
"What a wonderful experience to work with Jennifer Eensild. I found her very knowledgeable and approachable, and felt she understood my situation completely. Her sound advice was much appreciated. She is amazing"
What Is a Cohabitation Agreement?
A cohabitation agreement is a binding legal contract between two individuals who choose to live together without getting married. This agreement outlines the rights and responsibilities of each partner concerning their assets, debts, and financial obligations during their relationship and in the event of separation.
What Should a Cohabitation Agreement Include?
A cohabitation agreement in Ontario should address various aspects of the couple’s relationship, both during cohabitation and in the event of a separation. Key elements to include in a cohabitation agreement are:
- Property division
- Spousal support
- Dispute resolution
Each couple’s situation is unique, so it is essential to consult with a lawyer to ensure that the cohabitation agreement addresses all relevant issues and is tailored to your specific needs.
What Should Not Be Included in a Cohabitation Agreement?
A cohabitation agreement should not include provisions that are illegal, unenforceable, or violate public policy. Some examples of items that should not be included in a cohabitation agreement are:
- Child custody and access
- Terms incentivizing separation
- Unfair requirements
When drafting a cohabitation agreement, it is essential to consult with an experienced family lawyer to ensure that the document complies with applicable laws and avoids provisions that could render the agreement unenforceable.
FAQs About Cohabitation Agreements
Click to read answers to some of our most frequently asked questions about cohabitation agreements.
It is always best to consult a family law professional to create a cohabitation agreement in Ontario. A lawyer will ensure that any agreement is drafted in compliance with Ontario law and that you understand all your rights and responsibilities. Getting appropriate independent legal advice from a qualified family law professional will also protect you in the event one person tries to have the agreement set aside.
A cohabitation agreement can be a good idea for many couples, particularly those with significant assets or debts, children from previous relationships, or expectations of receiving an inheritance.
This agreement can provide clarity and peace of mind by outlining each partner’s rights and responsibilities during the relationship and in the case of separation. It can also help to minimize potential disputes and legal battles in the event of a breakup. Consulting with a lawyer can determine if a cohabitation agreement is suitable for your situation.
There are 5 key steps to creating a proper cohabitation agreement:
- Consult with a family lawyer
- Discuss your concerns and objectives
- Draft the agreement
- Review and negotiate
- Sign the agreement
It is important to remember that a cohabitation agreement can have significant long-term implications for both parties. It is strongly recommended that you consult with a knowledgeable family lawyer to guide you through the process and ensure that your interests are protected.