Difference between revisions of "Cohabitation and Living Together Agreements"

Jump to navigation Jump to search
Line 65: Line 65:
===Deciding whether a cohabitation agreement is appropriate===
===Deciding whether a cohabitation agreement is appropriate===


The most common reason why a couple enters into cohabitation agreements is to protect their separate property and income, so that each person's property going into a relationship is preserved as much as possible if the relationship comes to an end. Sometimes one person wants to preserve property from claims by the other person; sometimes a person will want to protect property from the other person's debts. Generally speaking, most couples who are thinking about executing a cohabitation agreement want a "I'll keep what's mine, you'll keep what's yours" sort of deal, and that's fine.
The most common reason why a couple enters into a cohabitation agreement is to protect their separate property and income, so that each person's property going into a relationship is preserved as much as possible if the relationship comes to an end. Sometimes one person wants to preserve property from claims by the other person; sometimes a person will want to protect property from the other person's debts. Generally speaking, most couples who are thinking about executing a cohabitation agreement want a "I'll keep what's mine, you'll keep what's yours" sort of deal, and that's fine.


A couple might also enter into a cohabitation agreement to address spousal support if the relationship comes to an end. Sometimes a person will want to guarantee a certain minimum payment, but most often people want to be protected from having to pay spousal support. That's fine too, it happens all the time.
A couple might also enter into a cohabitation agreement to address spousal support if the relationship comes to an end. Sometimes a person will want to guarantee a certain minimum payment, but most often people want to be protected from having to pay spousal support. That's fine too, it happens all the time.
Line 89: Line 89:
On top of these considerations, the ''[[Family Law Act]]'' also says that an agreement made before the parties have separated cannot deal with:
On top of these considerations, the ''[[Family Law Act]]'' also says that an agreement made before the parties have separated cannot deal with:


#parental responsibilities and parenting time, or
*parental responsibilities and parenting time, or
#child support.
*child support.


Cohabitation agreements can also be useful to set rules for how the parties will manage things during the relationship, although this type of cohabitation agreement is fairly rare. When a cohabitation agreement is needed to deal with those issues, the parties' financial positions may not be relevant.
Cohabitation agreements can also be useful to set rules for how the parties will manage things during the relationship, although this type of cohabitation agreement is fairly rare. When a cohabitation agreement is needed to deal with those issues, the parties' financial positions may not be relevant.


The usual sort of things a household management type of cohabitation agreement might be intended to address include:
The usual sorts of things a household management type of cohabitation agreement might be intended to address include:


*Who will pay for the household expenses? Will each party pay for a specific set of bills, or will the parties share in all the bills in a fixed amount?
*Who will pay for the household expenses? Will each party pay for a specific set of bills, or will the parties share in all the bills in a fixed amount?
Line 101: Line 101:
*How will children brought into the relationship be cared for? Will the other party assume any parenting tasks?
*How will children brought into the relationship be cared for? Will the other party assume any parenting tasks?


If, at the end of the day, a cohabitation agreement is appropriate and desirable, the parties will negotiate the terms of the agreement, and someone, whether a lawyer or one of the parties, will draft the written agreement. As with all family law agreements, it's important that both parties get independent legal advice about what exactly the agreement means, how it affects their present rights and responsibilities towards one another, and how it will affect those rights and responsibilities if their relationship comes to an end. Getting independent legal advice strengthens the agreement by preventing one spouse from saying "I didn't know what it meant!" if the agreement is challenged later on.
If, at the end of the day, a cohabitation agreement is appropriate and desirable, the parties will negotiate the terms of the agreement and someone, whether a lawyer or one of the parties, will draft the written agreement. As with all family law agreements, it's important that both parties get independent legal advice about what exactly the agreement means, how it affects their present rights and responsibilities towards one another, and how it will affect those rights and responsibilities if their relationship comes to an end. Getting independent legal advice strengthens the agreement by preventing one spouse from saying "I didn't know what it meant!" if the agreement is challenged later on.


Finally, a good cohabitation agreement should specify what will happen if the parties marry.  The agreement could continue in effect after the marriage, terminate when the parties are married, or be reviewed and revised by the parties at the time of the marriage. In any case, the prospect of marriage and its impact on the cohabitation agreement should be dealt with in some manner.
Finally, a good cohabitation agreement should specify what will happen if the parties marry.  The agreement could continue in effect after the marriage, terminate when the parties are married, or be reviewed and revised by the parties at the time of the marriage. In any case, the prospect of marriage and its impact on the cohabitation agreement should be dealt with in some manner.
Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Cohabitation_and_Living_Together_Agreements"