If you’re thinking about living with your partner, it’s essential to discuss what would happen if the relationship ended. Spouses who live together, but are not married, are not afforded the same protections under the Family Law Act, as married spouses. As such, it is crucial to understand how cohabitation with your spouse could potentially affect your rights and obligations if you were to separate in the future.
If you have questions about cohabitation agreements or other family law matters, our Whitby Family Law Firm team would be happy to help. We offer consultations to learn more about your situation and determine the next steps. The following is what you need to know about cohabitation agreements in Ontario and how they affect you.
What Is A Cohabitation Agreement In Ontario?
A cohabitation agreement is a legal document that spells out the rights and responsibilities of unmarried couples living together. This can include division of property, and support issues. Cohabitation agreements are essential for couples who aren’t married, as there is no automatic legal protection for them if their relationship ends. Having a cohabitation agreement in place can help avoid costly and stressful court battles down the road.
If you’re considering living with your partner or are already cohabitating, it’s a good idea to talk about these things and draft a cohabitation agreement. Doing so can help avoid many potential problems down the road. Our family law team at Whitby Family Law Firm would be happy to help you create a cohabitation agreement that benefits all parties.
What Should A Cohabitation Agreement Include In Ontario?
The Ontario Family Law Act (FLA) is the governing law regarding cohabitation agreements in the province. Your agreement must follow this legislation to be valid and enforceable by courts.
The Family Law Act allows the courts to set aside a cohabitation agreement under certain limited circumstances, including if one of the spouses did not understand the nature and effect of the agreement, or if either party failed to disclose significant assets or liabilities held at the time the agreement was entered into.
In addition, cohabitation agreements have been set aside in the past in circumstances where one party was ‘pressured’ into signing the agreement, or where the agreement was so unfair that it would be “unconscionable” to enforce it.
Therefore, partners who are considering cohabitation should ensure that any agreement they have
How Much Does A Cohabitation Agreement Cost In Ontario?
There is no set price for cohabitation agreements in Ontario. How much you’ll pay depends on the complexity of your agreement and the amount of legal assistance required to draft it. Our Whitby Family Law Firm offers consultations, so we can help you estimate how much your agreement will cost.
Do You Need A Lawyer For A Cohabitation Agreement In Ontario?
A family law lawyer can help ensure that your contract is legally binding and covers everything you need. They can also provide advice and guidance throughout the drafting process, which can be especially helpful if this is your first time creating an agreement like this.
If you’re considering living with your partner or are already cohabitating, please get in touch with our team for more information about cohabitation agreements and how they work in Ontario.
