iving Together? Protect Your Future Together.

Many couples assume that because they are not legally married, they have no legal obligations to one another if the relationship ends. In British Columbia, that is often not the case.

Once a couple has lived together in a marriage-like relationship for at least two years, they generally acquire many of the same rights and obligations as married spouses, including rights relating to property division and potential claims for spousal support.

A cohabitation agreement allows couples to decide in advance how certain issues will be handled if the relationship ends, providing clarity and reducing the risk of future conflict.

What is A Cohabitation Agreement?

iving Together? Protect Your Future Together.

Many couples assume that because they are not legally married, they have no legal obligations to one another if the relationship ends. In British Columbia, that is often not the case.

Once a couple has lived together in a marriage-like relationship for at least two years, they generally acquire many of the same rights and obligations as married spouses, including rights relating to property division and potential claims for spousal support.

A cohabitation agreement allows couples to decide in advance how certain issues will be handled if the relationship ends, providing clarity and reducing the risk of future conflict.

What Can Be Included?

Common topics addressed in a cohabitation agreement include:

Property and Debt

• Property each party owned before the relationship
• Treatment of the family residence
• Property acquired during the relationship
• Business interests
• Investments, pensions, and retirement savings
• Responsibility for debts
• Gifts, inheritances, and windfalls

Spousal Support

Parties may establish expectations regarding:

• Whether spousal support will be payable
• When entitlement may arise
• Duration of support
• Circumstances that may affect support obligations

Children

Parties sometimes wish to include provisions relating to children, particularly children from previous relationships.

While agreements may set out intentions and expectations, the court will ultimately determine parenting arrangements and child support based on the best interests of the child and applicable law.

Pets

Many couples wish to address what will happen to companion animals if the relationship ends. A cohabitation agreement can provide certainty regarding ownership, care, and expenses relating to pets. You can read more about this in our recent blog post here: What About the Dog? Divorce and Companion Animals

Independent Legal Advice

For a cohabitation agreement to have the greatest likelihood of being upheld if challenged in the future, it is important that both parties fully understand their rights and obligations before signing.

For that reason, it is strongly recommended that each party obtain independent legal advice. Independent legal advice helps ensure that both parties understand the terms of the agreement and the legal consequences of entering into it.

Although preparing a cohabitation agreement is often a collaborative process, our office can only represent one party to the agreement. The other party will need to obtain independent legal advice from another lawyer before signing.

Information You Will Be Asked to Provide

To prepare a cohabitation agreement, we typically require information including:

• Full legal names, addresses, and birthdates
• Relationship status prior to cohabitation
• Employment information and income
• Date cohabitation began or is expected to begin
• Details of any planned marriage
• Information regarding children from current or prior relationships, including support arrangements currently in place
• Details regarding the residence where the parties will live
• Assets and debts of each party
• Joint assets and liabilities
• Business interests
• Pension and retirement assets
• Information regarding pets

Preparing for your First Meeting

Before meeting with one of our lawyers, it can be helpful to consider:

• What property should remain separate
• What property should be shared
• Treatment of future increases in value
• Spousal support expectations
• The family residence
• Gifts and inheritances
• Pets
• Dispute resolution procedures
• What constitutes a separation
• Whether the agreement should be reviewed periodically
• What happens if one party dies
• Whether intend to name each other as enduring Power of Attorney or representative for healthcare decisions
• What defines a separation

Cost

The minimum fee for a cohabitation agreement is typically $3,000, which is the initial retainer we generally request.

The final cost depends on the complexity of the agreement, the amount of financial disclosure required, and whether revisions are requested following review by the other party and their lawyer.

Most cohabitation agreements cost between $3,000 and $5,000 plus applicable taxes.

Timeline

Most cohabitation agreements are completed within two to three months.

However, where significant financial disclosure is required, revisions are requested, or the other party is obtaining independent legal advice, the process can take longer. We strongly recommend that both parties obtain independent legal advice before signing any agreement. We encourage clients to begin the process well in advance of any major life events.

If you require a cohabitation agreement on an expedited basis, we may be able to accommodate rush timelines for an additional fee. Rush requests are subject to lawyer availability, the complexity of the agreement, and the cooperation of both parties in providing information and reviewing drafts promptly.

Need Help?

If you are considering moving in together or are already living with your partner and would like to discuss a cohabitation agreement, please contact our office at 604.853.0774 or by email to litigationintakes@rdmlawyers.com to schedule a consultation with a member of our Family Law Team.

Because we can only represent one party to a cohabitation agreement, we recommend that you communicate with us using an email account that is private and accessible only by you. We do not recommend using a joint email account or sharing communications with your partner, as doing so may affect confidentiality and solicitor-client privilege.

If this is your first time meeting with a lawyer, we encourage you to read “Your First Litigation Consultation: What to Expect” before booking your consultation.