Cohabitation

When parties start living together, rights and obligations can arise, even when you are unmarried. Oftentimes this can result in a more complicated situation when there is a separation, as the property division regime under the Family Law Act does not apply to unmarried parties. Instead, a party may make a “Trust” claim, which are often very fact specific and expensive to litigate. Trust claims may result in a wide range of potential outcomes, if litigated.

A common law relationship can arise even if you have lived with your partner for less than three years, if there are children borne of the relationship. This may result in a spousal support obligation, among other obligations, arising from the breakdown of the relationship.

We are experienced in advising clients on defining, expanding or limiting legal obligations in a Cohabitation Agreement. We assist in negotiating Cohabitation Agreements that ensure that our client’s main goals are achieved and robust against future court challenges to set aside or vary terms. If you have been presented with a Cohabitation Agreement, we recommend you have independent legal advice before signing, to ensure that it is balanced and fair. It is important that you understand the future legal consequences of any Cohabitation Agreement that you sign.

Clients cohabitating may also need assistance with marriage contracts.