You buy a home together
The agreement
The agreement records who paid what toward the down payment and mortgage, and how the home is divided if you separate.
Services
Cohabitationagreements.
A cohabitation agreement sets how property, debt and support are handled if an unmarried couple separates. In BC, partners who live together in a marriage-like relationship have the same property and support rules as married couples, so an agreement matters just as much.
The two year line
When partners become spouses.
Day one
You move in together
BC does not yet treat you as spouses for property division. An agreement can set the terms from the start.
Two years
BC treats you as spouses
After two years in a marriage-like relationship, family property and debt are generally divided equally on separation. Support claims can arise sooner if you have a child together.
If you marry
Your agreement can carry on
It can say it continues after the wedding, so you do not need a second one.
Try it
How long have you lived together?
14months
The agreement itself
Rules set before you need them.
What it can set
The terms
What you decide before you need to.
- 01Property and debt
How the home, savings, investments and joint debt are divided if you separate.
- 02What you each bring
Property, inheritances and gifts each partner owns can be kept out of family property.
- 03Business interests
Equity in a business or shares can be protected from family property claims.
- 04Spousal support
Whether support is paid, how much and for how long, including limits or waivers in defined circumstances.
What makes it hold
Enforceability
What keeps it from being set aside.
- 01Full financial disclosure
Each partner must disclose assets, debts and income accurately. An agreement made without it is at risk of being set aside.
- 02Independent legal advice
Each partner should have their own lawyer. A certificate of independent legal advice shows it was done.
- 03Signed freely, with time
Both partners sign voluntarily, with time to review, before circumstances change.
- 04Fair when made, and later
A court can set aside property terms that are significantly unfair (Family Law Act, s. 93), so the terms need to be reasonable when you sign. The agreement must also be in writing, signed by both of you and witnessed (s. 92).
Common situations
If this is you, this is the term.
We draft agreements for couples before or while they live together, and we review agreements put in front of you.
The agreement
One of you already owns the home
The agreement
A home owned before the relationship stays excluded, but any increase in its value is divided unless the agreement says otherwise.
You run a business or hold investments
The agreement
Founders, shareholders and investors can protect equity from family property claims.
One of you may need support
The agreement
Agreements can address entitlement, amount and duration of support, including terms that limit or waive it in defined circumstances.
You have children from an earlier relationship
The agreement
Terms can protect assets you want to pass on, and can work alongside your will.
You later marry
The agreement
The agreement can say it continues to apply after the wedding, so you do not need a second one.
How it works
From first call to signed.
01
Book a consultation
We review your situation, discuss what you want the agreement to achieve and explain how BC law applies to you.
02
We draft the agreement
We prepare a tailored draft that reflects your assets, your goals and the enforceability requirements of the Family Law Act. No templates.
03
Disclose, review, sign
Both partners complete financial disclosure, review the agreement with independent legal advice and sign a binding agreement.
Which agreement fits
Four agreements, one question.
Related
Prenuptial agreement
- When
- Before the wedding
- Who
- Couples about to marry
- Applies
- It applies if the marriage ends
Related
Marriage agreement
- When
- After the wedding
- Who
- Spouses already married
- Applies
- It applies if the marriage ends
This page
Cohabitation agreement
- When
- While living together
- Who
- Unmarried partners
- Applies
- It applies if you separate, and can continue if you marry
Related
Separation agreement
- When
- After you separate
- Who
- Spouses or partners who have decided to part
- Applies
- It sets out property, debt, support and parenting
Common questions
Questions
we hear.
What is a cohabitation agreement?
A written agreement between partners who live together but are not married. It sets how property, debt and support are handled if the relationship ends. It is made under BC's Family Law Act.
Do unmarried couples need one?
Often, yes. After two years in a marriage-like relationship, BC treats you as spouses for property division, so family property and debt are generally divided equally when you separate. An agreement lets you choose different terms.
When do we become spouses under BC law?
For property division, after living together in a marriage-like relationship for at least two years. Support claims can arise sooner if you have a child together.
Is it the same as a prenuptial agreement?
The terms and the tests for enforceability are broadly the same. A prenuptial agreement is for couples who are about to marry. A cohabitation agreement is for couples who are not married.
Do we both need independent legal advice?
Yes. Each partner should have their own lawyer, because one lawyer cannot properly advise two people whose interests differ on the same agreement. A certificate of independent legal advice records that it happened.
Will a court enforce it?
Usually, when it was made properly. A court can set aside property terms that are significantly unfair and can review terms about children and, in some cases, spousal support. Full disclosure, independent legal advice and reasonable terms are what keep an agreement in place.
Can it deal with our children?
It can record your intentions, but a court decides parenting and child support based on the child's best interests at the time, whatever the agreement says.
Protect what matters.
Book a confidential consultation to discuss your cohabitation agreement.
Book a consultation