Cohabiting Agreement Template for Canada

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Key Requirements PROMPT example:

Cohabiting Agreements

"I need a Cohabiting Agreement for a couple where one partner owns a successful small business and significant pre-existing assets, while the other partner plans to move in by March 2025; the agreement should focus heavily on asset protection and business interest separation."

Document background
Cohabiting Agreements have become increasingly important in Canada as more couples choose to live together without formal marriage. These agreements are essential legal documents that protect both parties' interests and provide clarity regarding their rights and obligations during cohabitation and in case of separation. The agreement must comply with provincial family law legislation and should be drafted with consideration of both federal and provincial legal requirements. It typically includes provisions for property division, financial responsibilities, support obligations, and dispute resolution mechanisms. A properly drafted Cohabiting Agreement can prevent future disputes and provide security for both parties by clearly establishing their intentions and expectations at the outset of their cohabitation.
Suggested Sections

1. Parties: Identifies and provides full legal names and current addresses of both parties entering into the agreement

2. Background: States the parties' intention to live together, their relationship status, and the purpose of entering into this agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Living Arrangements: Details regarding shared residence, ownership/rental arrangements, and household responsibilities

5. Financial Arrangements: Outlines how daily expenses, utilities, and other regular costs will be shared

6. Property Rights: Defines ownership of existing property and how future property will be treated

7. Debts and Liabilities: Addresses responsibility for existing and future debts

8. Separation Provisions: Outlines process and arrangements in case of relationship breakdown

9. Dispute Resolution: Specifies methods for resolving disagreements (mediation, arbitration, etc.)

10. Governing Law: Specifies the provincial/territorial law governing the agreement

11. Severability: States that if any provision is found invalid, the rest remains in force

12. Execution: Formal requirements for signing, witnessing, and dating the agreement

Optional Sections

1. Children: Included when either party has existing children or plans for future children, addressing support and living arrangements

2. Pets: Included when the couple has or plans to have pets, addressing ownership and care responsibilities

3. Business Interests: Required when either party owns a business or the parties plan to start a business together

4. Support Obligations: Included when parties wish to address potential future support obligations

5. Estate Provisions: Added when parties wish to address inheritance rights and estate planning

6. Insurance: Included when parties wish to address life, health, or property insurance arrangements

7. Gifts and Inheritances: Added when parties want to specifically protect future gifts or inheritances

8. Cultural or Religious Observances: Included when parties wish to address specific cultural or religious practices

9. Intellectual Property: Required when either party has significant intellectual property assets

Suggested Schedules

1. Schedule A - Financial Disclosure: Detailed list of each party's assets, liabilities, and income at time of agreement

2. Schedule B - Property Inventory: Comprehensive list of personal and real property owned by each party

3. Schedule C - Household Expenses: Detailed breakdown of shared household expenses and payment responsibilities

4. Schedule D - Business Assets: Detailed description of business interests and how they will be treated

5. Schedule E - Independent Legal Advice: Certificates of independent legal advice received by each party

6. Appendix 1 - Proof of Income: Recent tax returns and pay stubs of both parties

7. Appendix 2 - Property Valuations: Professional valuations of significant assets mentioned in the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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