What is a Cohabitation Agreement?
A cohabitation agreement is a written document between you and your common-law partner that is typically made before or while you are living together.
It is a document that dictates how you will deal with issues while you are together and if the relationship breaks down. The agreement can include a variety of aspects, including the division of property and debts if there is a separation.
A cohabitation agreement, however, cannot say who gets parenting time or decision-making responsibility of the children in the event of a separation. This is because decisions about children must be based on the child’s best interest and are best made at the time of separation or divorce.
If you later decide to marry your partner, the cohabitation agreement automatically becomes a marriage contract.
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What is a Marriage Agreement?
Similar to a cohabitation agreement, a marriage agreement (aka marriage contract or prenuptial agreement) is a document that stipulates the rules for spousal support and division of property in the event of a breakdown in the relationship.
In Ontario, the default position is that marriage agreements are enforceable as they relate to spousal support and property division. Just as it applies to cohabitation agreements, marriage agreements cannot stipulate who gets parenting time or decision-making responsibility of the children. Additionally, there are circumstances in which a party may set aside the contract if the negotiation or signing is deemed to be unfair.
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What is a Separation Agreement?
In the event of a breakdown in the relationship and the partners wish to end their marriage or relationship, they may choose to solely separate and not divorce. This simply means that you both decided to end the relationship without applying to the court for approval. A separation agreement is an informal agreement where two parties choose to divide their assets and decide on custody, access and support issues, which can be resolved through a lawyer, mediator or arbitrator who can aid in drafting a more formal agreement.
A formal agreement may not be necessary until one of you decides to remarry, in which case, a formal divorce order is required. Once the order is obtained, it is possible that all arrangements made at the time of separation will continue.
What Does a Separation Agreement Entail?
Typically, separation agreements can include specific arrangements, such as:
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Parenting Time
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Decision-Making Responsibility
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Child Support
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Spousal Support
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Division of Property and Assets
If you have never entered into a legally valid marriage, there is no formal process that has to be followed when the relationship breaks down. However, if you have, it is recommended that you contact a legal professional to help you draft a separation agreement to help you deal with all matters relating to the separation.