cohabitation agreement

I am about to move in with someone and we want to enter into a Cohabitation Agreement in case things don’t work out. Can we do that before we move in together?

The answer is“yes”, as long as you do it before December 31,2019. Under new legislation, the Family Property Act which takes effect January 1, 2020, you will have to be married to each other or partners as defined under the Adult Interdependent Relationships Act. Under that Act, you either have to have lived with the […]

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What’s the difference between a Prenuptial Agreement and a Cohabitation Agreement?

A Prenuptial Agreement is an agreement made before marriage usually to resolve issues of support and property division if the marriage ends in divorce or death. It can be entered into in contemplation of marriage but it is unenforceable until after the marriage. A Cohabitation Agreement is an agreement outlining the property and financial arrangements […]

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Ask an Expert: I am moving in with a new partner. Why should we consider a cohabitation agreement?

Traditionally, “prenups” (for married or engaged spouses) and cohabitation agreements (for unmarried partners) have had a stigma associated with them; this perception is slowly changing, and for good reason. These agreements are an excellent tool which can prevent much turmoil and conflict should the relationship break down or one spouse dies or becomes incapacitated. With […]

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