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Difference between revisions of "Cohabitation and Living Together Agreements"

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{{JP Boyd on Family Law TOC}}
{{JP Boyd on Family Law TOC}}


Cohabitation agreements are contracts signed by couples who plan to live together or who are already living together. Cohabitation agreements typically deal with issues like the division of property and debt or the payment of spousal support if the relationship ends. Cohabitation agreements can also deal with issues 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.


This page will discuss when and why cohabitation agreements are usually signed and the legal requirements of valid cohabitation agreements.
This page talks about when and why cohabitation agreements are usually signed and the legal requirements of valid cohabitation agreements.
 
'''DRAFT'''


==Entering into a Cohabitation Agreement==
==Entering into a Cohabitation Agreement==


Cohabitation agreements, also known as "living together agreements," are usually signed before or shortly after a couple starts living together. A couple may enter into a cohabitation agreement with the intention of addressing things that might happen during the time they live together, while they ''cohabit'', but cohabitation agreements are most often intended to address the issues that might arise if their relationship breaks down.
Cohabitation agreements, also known as "living together agreements", are usually signed before or shortly after a couple starts living together. A couple may enter into a cohabitation agreement with the intention of addressing things that might happen during the time they live together, while they ''cohabit'', but cohabitation agreements are most often intended to address the issues that might arise if their relationship breaks down.


There is no legal requirement that you must enter into such an agreement if you're living with someone or plan on living with someone, and you can't be forced to into a cohabitation agreement.
''There is no legal requirement that you must sign a cohabitation agreement if you're living with someone or plan on living with someone, and you can't be forced to sign a cohabitation agreement.''


===Unmarried Couples and Cohabitation Agreements===
===Unmarried Couples and Cohabitation Agreements===


The big difference between marriage agreements and cohabitation agreements is that couples who sign a cohabitation agreement aren't married and don't intend to get married, at least not just yet. As a result, it's important to understand exactly how the legal status of unmarried couples differs from that of married couples before even thinking about the idea of a cohabitation agreement. This segment will provide a brief discussion of this topic; you should read through the Unmarried Couples section for a better understanding of these issues.
The big difference between marriage agreements and cohabitation agreements is that people who sign a cohabitation agreement aren't married and may not intend to get married, or at least not just yet. As a result, it's important to understand exactly how the legal status of unmarried couples differs from that of married couples before even thinking about the idea of a cohabitation agreement.  
 
Married couples have been legally married, either by a civil ceremony performed by a marriage commissioner or in a religious ceremony performed by a religious official. An unmarried couple will become "spouses" for the purposes of the ''Family Law Act'':
 
#once they've lived together in a marriage-like relationship for two years; or,
#if they've lived together for a shorter period of time and have a child together.
 
Unmarried couples, including unmarried spouses, are not legally married to one another, and they'll stay that way until they are formally married. For the purposes of this discussion, the critical distinction between married spouses, and unmarried spouses and other unmarried couples w lies in the different legal issues that arise when these different sorts of relationship come to an end. Here's a summary:
 


Married couples have been legally married, either by a civil ceremony performed by a marriage commissioner or in a religious ceremony performed by a religious official. An unmarried couple will become "common-law," for the purposes of the Family Relations Act, after they've lived together in a "marriage-like relationship" for two years. Unmarried couples, including common-law couples, are not legally married to one another, and they'll stay that way until they are formally married.
::{| width="65%" class="wikitable"
!style="width: 25%"|
!style="width: 20%" align="center"|Unmarried Spouses
!style="width: 20%" align="center"|Other Unmarried Couples
|-
|align="center"|'''Divorce'''|| ||
|-
|align="center"|'''Guardianship'''||align="center"|Yes||align="center"|Yes
|-
|align="center"|'''Parenting Arrangements'''||align="center"|Yes||align="center"|Yes
|-
|align="center"|'''Contact'''||align="center"|Yes||align="center"|Yes
|-
|align="center"|'''Child Support'''||align="center"|Yes||align="center"|Yes
|-
|align="center"|'''Spousal Support||align="center"|Yes||
|-
|align="center"|'''Family Property and<br/>Family Debt'''||align="center"|Yes||
|-  
|align="center"|'''Protection Orders'''||align="center"|Yes||align="center"|Yes
|-
|align="center"|'''Financial Restraining Orders'''||align="center"|Yes||
|}


For the purposes of this chapter, the criticial distinction between married spouses, common-law partners and couples who have lived together for less than two years lies in the different legal issues that arise when these different sorts of relationship come to an end. Here's a summary: