2,667
edits
Difference between revisions of "Cohabitation and Living Together Agreements"
From Clicklaw Wikibooks
Cohabitation and Living Together Agreements (view source)
Revision as of 22:47, 19 May 2013
, 22:47, 19 May 2013→Legal and formal requirements of a cohabitation agreement
| Line 113: | Line 113: | ||
The point of entering into a cohabitation agreement is so that, at some later time, the contract will be enforceable in court if the parties fail to live up to it. As such, a cohabitation agreement, just like any other family law agreement, must conform to certain basic rules, including the following: | The point of entering into a cohabitation agreement is so that, at some later time, the contract will be enforceable in court if the parties fail to live up to it. As such, a cohabitation agreement, just like any other family law agreement, must conform to certain basic rules, including the following: | ||
*A cohabitation agreement must be | *A cohabitation agreement must be in writing. | ||
*The agreement must be signed by each party, and should be signed in the presence of a witness. | *The agreement must be signed by each party, and should be signed in the presence of a witness. | ||
*Neither party should be under a legal disability, however children who are parents or spouses may enter into a binding agreement. | *Neither party should be under a legal disability 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. | ||
In addition to these simple formalities of a | In addition to these simple formalities of a family law agreement, you might want to think about certain other principles of contract law such as these: | ||
*The parties must each enter into the agreement of their own free will, without any coercion or duress by the other party, or by anyone else for that matter. | *The parties must each enter into the agreement of their own free will, without any coercion or duress by the other party, or by anyone else for that matter. | ||
| Line 124: | Line 124: | ||
*The parties cannot make an illegal bargain, that is, they can't make an agreement that obliges them to do something against the law. | *The parties cannot make an illegal bargain, that is, they can't make an agreement that obliges them to do something against the law. | ||
*Where an agreement is prepared by one party's lawyer and the other party doesn't have a lawyer, any portions of the agreement that are vague may be interpreted in favour of the party who didn't have the lawyer. | *Where an agreement is prepared by one party's lawyer and the other party doesn't have a lawyer, any portions of the agreement that are vague may be interpreted in favour of the party who didn't have the lawyer. | ||
*The court will attempt to give effect to a contract wherever possible, that is, | *The court will attempt to give effect to a contract wherever possible, that is, it will attempt to give meaning to the terms of a contract rather than declare it void. | ||
*If a term of a cohabitation agreement is found to be invalid, only the invalid part of the agreement will stop being in effect. The remainder of the agreement will continue to be valid and binding on the parties. | *If a term of a cohabitation agreement is found to be invalid, only the invalid part of the agreement will stop being in effect. The remainder of the agreement will continue to be valid and binding on the parties. | ||
Aside from these considerations, it | Aside from these considerations, it's also important to remember that cohabitation agreements that deal with property and debts or issues like spousal support are usually only meant to be used when the relationship comes to an end, at some unknown time in the future. As a result, it can be difficult to guess what each party's situation will be like when the agreement begins to operate and guess whether it will still be appropriate and fair. Because of these problems, hiring the services of a lawyer to prepare a cohabitation agreement is highly recommended. Crafting a solid cohabitation agreement is a tricky business at the best of times. | ||
==Resources and links== | ==Resources and links== | ||
