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Difference between revisions of "Cohabitation and Living Together Agreements"
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Cohabitation and Living Together Agreements (view source)
Revision as of 14:57, 1 August 2017
, 14:57, 1 August 2017no edit summary
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| resourcetype = a fact sheet on | | resourcetype = a fact sheet on | ||
| link = [http://www.familylaw.lss.bc.ca/resources/fact_sheets/makingAnAgmtWhenYouLiveTogether.php Making an agreement <br/>when you live together] | | link = [http://www.familylaw.lss.bc.ca/resources/fact_sheets/makingAnAgmtWhenYouLiveTogether.php 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. | ||
This section talks about when and why cohabitation agreements are usually signed and the legal requirements of valid cohabitation agreements. | This section talks about when and why cohabitation agreements are usually signed and the legal requirements of valid cohabitation agreements. | ||
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==Entering into a cohabitation agreement== | ==Entering into a cohabitation agreement== | ||
Cohabitation agreements, also known as | 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 sign a cohabitation agreement if you're living with someone or plan on living with someone. You can't be forced to sign 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. You can't be forced to sign a cohabitation agreement.'' | ||
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Married spouses have been legally married, either by a civil ceremony performed by a marriage commissioner or in a religious ceremony performed by a religious official. Married spouses who go to court are entitled to ask for orders under the ''[[Family Law Act]]'' about the division of property and debt and spousal support, and, if they have children, orders about parenting arrangements and contact. | Married spouses have been legally married, either by a civil ceremony performed by a marriage commissioner or in a religious ceremony performed by a religious official. Married spouses who go to court are entitled to ask for orders under the ''[[Family Law Act]]'' about the division of property and debt and spousal support, and, if they have children, orders about parenting arrangements and contact. | ||
An unmarried couple will become | An unmarried couple will become spouses for the purposes of the ''[[Family Law Act]]'' if: | ||
#they've lived together in a marriage-like relationship for two years, or | #they've lived together in a marriage-like relationship for two years, or | ||
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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 | |||
*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. | ||
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*A cohabitation agreement must be in writing. | *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. Although an agreement made without a witness can still be valid and binding, it is a very good idea to have a witness (or witnesses) because | *The agreement must be signed by each party, and should be signed in the presence of a witness. Although an agreement made without a witness can still be valid and binding, it is a very good idea to have a witness (or witnesses) because they can confirm that the parties signed the agreement. In addition, sections 94 and 165 of the ''[[Family Law Act]]'' provide that a court cannot make an order about division of property and debt or spousal support that has been dealt with in a written, witnessed agreement between the parties unless the court has set aside the 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. | *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. | ||