Cohabitation agreements.
A marriage or cohabitation agreement is one of the most practical things a couple can do. We draft agreements that are clear, enforceable and built around your actual circumstances, not a template.
Rules set in advance.
The terms
What you decide before you need to.
Property and debt
How real estate, investments, RRSPs, business interests and joint debt are divided if the relationship ends.
Pre-relationship assets
Property, inheritances and gifts that each partner brings in can be kept excluded from family property.
Business interests
Equity in a business or shares can be protected from family property claims.
Spousal support
Whether support is paid, how much and for how long, including limits or waivers in defined circumstances.
Enforceability
What keeps it from being set aside.
Full financial disclosure
Each partner must disclose their assets, debts and income accurately. An agreement made without it is at risk of being set aside.
Independent legal advice
Each partner should have their own lawyer review the agreement. A certificate of independent legal advice shows it was done.
Signed in advance, and freely
Both partners sign voluntarily, with time to review, before the relationship changes.
Fair when made, and later
A court can set aside property terms that are significantly unfair, so terms need to be reasonable when signed.
Clear terms for every asset.
We draft agreements for couples before or during a relationship, and review agreements presented by the other side.
Protecting pre-relationship assets
Pre-relationship property, inheritances and gifts can remain excluded from family property, but only if the agreement is properly structured and documented from the start.
Property and debt division
Real estate, investments, RRSPs, business interests and joint debt. Couples can contract out of the default Family Law Act rules and set their own terms.
Spousal support
Agreements can address entitlement, amount and duration of spousal support, including provisions that limit or waive support in defined circumstances.
Business interests
Founders, shareholders and business owners can protect equity from family property claims, a common and often critical provision.
Independent legal advice
We provide independent legal advice and certificates for clients presented with an agreement by the other side, so you understand it before you sign.
Financial disclosure
Full and accurate disclosure is a prerequisite for an enforceable agreement. We guide you through what is required and how to document it.
From first call to resolution.
- 01
Book a consultation
We review your situation, discuss what you want the agreement to achieve, and explain how BC law applies to your circumstances.
- 02
We draft the agreement
We prepare a tailored draft that reflects your assets, your goals and the enforceability requirements under the Family Law Act. No templates.
- 03
Review, disclose, sign
Both partners complete financial disclosure, review the agreement with independent legal advice, and sign a binding agreement before the relationship changes.
Questions we hear.
What is a cohabitation agreement?
A cohabitation agreement is a written contract between partners who live together, or plan to, setting out how property, debt and spousal support are handled if the relationship ends.
Is it the same as a prenuptial agreement?
They do the same job. A marriage agreement is made by couples who are married or about to marry, and a cohabitation agreement by couples who live together. Both are governed by the Family Law Act.
Do unmarried couples need one?
Under the Family Law Act, partners who have lived together in a marriage-like relationship for two years are generally treated as spouses for property and support. An agreement lets you set different terms.
Do we both need independent legal advice?
It is strongly advisable. Independent advice and a signed certificate make an agreement much more likely to be enforced, and we provide both.
Will a court enforce the agreement?
Generally yes, if there was full financial disclosure and both partners signed freely. A court can set aside property terms that are significantly unfair.
Can the agreement deal with our children?
Not fully. Parents cannot contract out of child support or the court's role in deciding what is in a child's best interests, and terms about children remain reviewable.
Protect what matters.
Book a confidential consultation to discuss your marriage or cohabitation agreement.
Book a consultation