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Are you looking to create a Cohabitation Agreement in Ontario to not share property? This is different from a prenuptial agreement, which is used before you get married.
You need support from an experienced attorney. This is for the development of an Ontario cohabitation agreement that protects you.
This document is similar to a marriage contract in Canada. Do you intend to pursue a domestic partnership in Ontario? Therefore, you need support from a cohabitation agreement lawyer.
You can book a phone meeting with an Ontario family lawyer below for free. Also, the lawyer will contact you to discuss your legal needs. If you like each other, the lawyer can meet you in person or book a video chat consultation.
Couples inside a common-law relationship might elect to sign a cohabitation agreement in Ontario to protect their rights. The cohabitation agreement serves multiple purposes.
First of all, it can spell out what you want your family and financial arrangements to be. It will determine who owns the things that are bought while you two are together.
Furthermore, your Ontario cohabitation agreement can also direct how much support will be paid. This would be in the event that the relationship ends. Also, it can cover how the property will be divided.
Your Ontario cohabitation agreement can detail who has to move out of the home. This would be the property that is shared by two people if the relationship ends.
Get support from knowledgeable attorneys in Ontario for cohabitation agreements in Canada. A cohabitation agreement attorney in Ontario will help you to draft a document. It will protect your best interests and keeps the domestic violence laws in Canada in mind.
Our cohabitation agreement Ontario lawyers are here to guide you through the process. Therefore, you can understand what can and cannot be inside a cohabitation agreement. Further, the affordable lawyer can explain what is most important for protecting your individual interests.
What cannot be included in an Ontario cohabitation agreement?
Although many issues can be drafted into your Ontario cohabitation agreement, there are some that must be excluded. For example, your marriage contract in Canada or the cohabitation agreement cannot say who will have access to or custody of the children if the relationship ends.
You are not eligible to decide this until the relationship is over. At the end, you can draft your own guidelines or wait for the court to decide. Either way, the courts will have to approve any matters related to a child.
In order to have a valid Ontario cohabitation agreement, it must be signed in front of a witness. This is required for it to be legal. Also, the witness must also sign that agreement.
Once the cohabitation agreement is valid and legally signed, you must follow what it says. If anyone of you wishes to negotiate changes, you have to work this out together. Any other changes must be signed in front of a witness and be in writing.
In the event that you are separated and do not agree with the cohabitation agreement, you will need to go to court. This will be to have the judge decide the issues you have in front of you.
Read more articles about common-law relationships:
If you pass away without a will that says exactly what you want to happen to your individual property, this property will likely go to your blood relatives. A common-law spouse will have to go to court in order to prove that he or she paid for it in order to claim access to it.
This is expensive and takes time. Therefore, a cohabitation agreement in Ontario can help you to avoid the possibility of future litigation.
What should be included in a cohabitation agreement?
Cohabitation agreements in Ontario are most frequently used by unmarried couples. This is done to detail issues related to debts, assets, and property division. Further, it can also be used to address the complicated aspect of spousal support.
An Ontario cohabitation agreement is made legal under Ontario’s Family Law Act. This is true as so long as the proper signing procedure is completed.
Why Is It Important to Have A Cohabitation Agreement Drafted by An Attorney?
An Ontario cohabitation agreement lawyer might recommend a cohabitation agreement to you. While the law does not mandate common-law couples to sign one, it is a good idea for two different reasons.
First of all, an Ontario cohabitation agreement enables you to create rights that their law does not otherwise provide for outside of marriage. Although a cohabitation agreement is often referred to as a marriage contract, the cohabitation agreement is specifically for unmarried couples.
You may agree to split property down the middle if you separate. This is something that might not be included under the law outside of the development of this cohabitation contract.
The second reason to consider a cohabitation agreement in Ontario is that it gives you and your spouse the opportunity to discuss what each of you anticipates if the relationship were to end.
This is an important conversation that should be had before you move in together.
Professionals in Creating A Legal Cohabitation Agreement
It is strongly recommended that you retain an attorney in Ontario to represent your interests. Both parties must be completely open and honest about their individual financial situations. Also, they must sign the agreement in front of a witness. This is in order to verify that the document becomes legally binding.
You can write a cohabitation agreement that will likely hold up in court. This will be in the event that you and your partner split. However, it is recommended that you contact an attorney to verify that your agreement appropriately protects your interests. Also, it has been properly drafted so that it is legally binding. Your cohabitation agreement Ontario lawyer will also explain to you how the document can become stronger.
This will happen if each of you talks to your individual attorneys prior to signing the agreement. Further, this helps decrease the chances that one party might argue in the future that they were forced to sign it. Therefore, the agreement is therefore invalid.
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If you need support from a knowledgeable cohabitation agreement lawyer, it is in your best interest to schedule a consultation immediately with a trusted attorney.