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Difference between revisions of "Cohabitation and Living Together Agreements"
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Cohabitation and Living Together Agreements (view source)
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{{JP Boyd on Family Law TOC|expanded = agreements}}{{JPBOFL Editor Badge | {{JP Boyd on Family Law TOC|expanded = agreements}}{{JPBOFL Editor Badge | ||
|CoAuthor = [[Beatrice McCutcheon]] | |||
|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]] | |ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]] | ||
}} | }} | ||
{{LSSbadge | {{LSSbadge | ||
| resourcetype = a fact sheet on | | resourcetype = a fact sheet on | ||
| link = [ | | link = [family.legalaid.bc.ca/bc-legal-system/legal-forms-documents/agreements/making-agreement-when-you-live-together Making an agreement <br/>when you live together] | ||
}}Cohabitation agreements are contracts signed by couples who plan to live together or who are already living together. Cohabitation agreements typically deal with things like how property and debt will be divided or whether spousal support will be paid if the relationship ends. Cohabitation agreements can also deal with things during the relationship, like how the housework is distributed and how the household expenses are paid. There is no legal requirement for people to sign a cohabitation agreement when they decide to live together. | }}Cohabitation agreements are contracts signed by couples who plan to live together or who are already living together. Cohabitation agreements typically deal with things like how property and debt will be divided or whether spousal support will be paid if the relationship ends. Cohabitation agreements can also deal with things during the relationship, like how the housework is distributed and how the household expenses are paid. There is no legal requirement for people to sign a cohabitation agreement when they decide to live together. | ||
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==Legal and formal requirements of a cohabitation agreement== | ==Legal and formal requirements of a cohabitation agreement== | ||
The point of entering into a cohabitation agreement is so that, at some later time, the contract will be enforced by a judge if someone fails to live up to the responsibilities they've agreed to. As such, a cohabitation agreement, just like any other family law agreement, must conform to certain basic rules, including these: | The point of entering into a cohabitation agreement is so that, at some later time, the contract will be enforced by a judge if someone fails to live up to the responsibilities they've agreed to. As such, a cohabitation agreement, just like any other family law agreement, must conform to certain basic rules in order to be legally binding and enforceable, including these: | ||
*A cohabitation agreement must be in writing. | *A cohabitation agreement must be in writing. While oral agreements have been upheld by the courts, it can be very difficult to establish the terms of the agreement, a judge is not prohibited from making orders about property division that contradict a merely oral agreement, and oral agreements cannot be enforced until a court has determined what the terms of the agreement are. | ||
*The agreement must be signed by each party and should be signed in the presence of a witness. | *The cohabitation agreement must be signed by each party and should be signed in the presence of a witness. Although an unwitnessed written agreement can be treated like a witnessed written agreement where the court finds it "appropriate to do so in all of the circumstances", it is a very good idea to have a witness so that they can confirm that the parties signed the agreement, in case one of them denies signing it in the future. As well, sections 94 and 165 of the ''[[Family Law Act]]'' prevent the court from making orders about property and debt or spousal support that have been addressed in a written and witnessed agreement unless the written agreement is aside. | ||
*Neither party should be under a legal disability, like being under the age of majority or not being of sound mind, when signing the agreement. However, children who are parents or spouses may enter into a binding agreement. | *Neither party should be under a legal disability, like being under the age of majority or not being of sound mind, when signing the agreement. However, children who are parents or spouses may enter into a binding agreement. | ||
*The agreement must clearly identify the parties and the nature of their rights and obligations to one another. | *The agreement must clearly identify the parties and the nature of their rights and obligations to one another. | ||
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*[https://www.clicklaw.bc.ca/resource/4758 "Starting Relationships" video] from JP Boyd, QC | *[https://www.clicklaw.bc.ca/resource/4758 "Starting Relationships" video] from JP Boyd, QC | ||
{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[Beatrice McCutcheon]], 22 November 2023}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||
