COVID-19 Update: We are here for you, our clients. Learn more
Tuesday June 17, 2014

Should I Have a Cohabitation Agreement?

Authored by: Jessica D. Chapman Posted in: Family Law

A cohabitation agreement is a contract signed by two parties who are living together, or are planning on living together, and who contemplate the division of their assets and debts, and/or support obligations, if a separation and/or divorce of the parties were to occur in the future.

As a couple sets up a household together, each partner may have certain expectations regarding finances and obligations to each other. One partner may expect that each party will retain their own separate property if the relationship were ever to break down, and that neither party will be obligated to support the other. The other party may have the opposite expectation. If the relationship ends, these incompatible expectations can lead to unnecessary stress, conflict and financial burden.

While some couples may try to have an oral agreement, or perhaps an informal agreement, where the parties draft an agreement and simply sign at the kitchen table, there is a good chance that this agreement would not be enforceable on the breakdown of the relationship. To ensure that you have all your issues addressed and the agreement has the best chance of being enforceable in the case of separation, it is best for you to consult with a lawyer regarding your rights and obligations and have a legal professional draft a solid cohabitation agreement. Both parties should also have independent legal advice.

While it may be unpleasant to contemplate the end of your relationship, having a cohabitation agreement helps to manage each partner’s expectations and ensures that both partners are on the same page with regards to how their finances would be impacted if a separation agreement were to occur.  If, at the time of separation, there is no formal cohabitation agreement, and the parties are unable to agree on a division of assets and debts and/or support obligations and terms, then the parties may end up each retaining counsel, involving the courts and incurring thousands of dollars in unnecessary legal fees.

Connect with a member of our team today to schedule your free half hour consultation. To contact a member of our Family Law team call us at 902-469-9500 or 1-866-339-3400.

Share This Post:

Ask a question about this post.

Any Questions

Recent Blog Posts

Blog Post | Friday September 4, 2020

Dealing with bone and soft-tissue injuries

Authored by: Shafic A. Khouri Authored by: David S.R. Parker Posted in: Personal Injury

What is an orthopaedic injury?
What causes orthopaedic injuries?
Are there legal differences between soft-tissue injuries and fractures?

Read full article
Blog Post | Monday August 17, 2020

Canada Expands Definition of “Parent” under the Citizenship Act

Authored by: Terrance G. Sheppard Authored by: Scott McGirr Posted in: Family Law Immigration

On July 9th, the Minister of Immigration, Refugees and Citizenship, Marco E. L. Mendicino, announced a change in the interpretation of "parent" under the Citizenship Act.

Read full article
Blog Post | Friday July 17, 2020

Return to treatment series: Get your healthcare even during the COVID-19 pandemic

Authored by: Shafic A. Khouri Authored by: David S.R. Parker Posted in: COVID-19 Personal Injury

Recently, governments have started to ease restrictions and, as a result, healthcare providers have started opening their doors for in-person treatments. We asked chiropractor Dr. Liam Ryan a few questions about the clinic Nova Physiotherapy and how it is operating during this time.

Read full article
Blog Post | Tuesday July 7, 2020

Don’t let COVID-19 stop you from getting the healthcare treatment you need

Authored by: Shafic A. Khouri Authored by: David S.R. Parker Posted in: COVID-19 Personal Injury

The COVID-19 pandemic has disrupted many of the activities and routines in people’s daily lives. We asked chiropractor Kate MacAdam at Dr. MacAdam and Associates a few questions about her clinic and how it is operating during this time.

Read full article