Have you ever considered a cohabitation agreement? According to Statistics Canada, in 2017, 70% of Canadian adults were married or cohabitating. Of those, about 27% were in a common-law relationship (or cohabitating). And almost 40% of married couples had cohabitated before they married. So, if you’re cohabitating, why might you want a cohabitation agreement? Common-law arrangements come with many of the same rights and responsibilities as marriage, but in the end, the law does not treat the two relationships the same. If you are in a common-law relationship, you may want to talk to your partner and think about a cohabitation agreement, especially if you have children or are paying support from a previous relationship. The family law team at Sutherland Law can help! Contact us today.
Do I Even Need a Cohabitation Agreement? Am I In a Common Law Partnership?
In Ontario two people are considered to be in a common-law relationship if they have lived together in a conjugal relationship for at least three years, or if they have lived together for some time and have a child together (including through adoption). It’s not as clear cut as marriage. Typically, the court considers whether the two people share a home and finances, are involved in a sexual connection, and share an emotional bond. In Ontario, the law does not discriminate against same sex partners.
Unlike marriage, there is no legal step you need to take to start a common-law relationship in Ontario.
Know the Difference Between Marriage and a Common-Law Relationship in Ontario
Although marriage and common-law relationships are similar under the laws in Ontario, there are many differences you should be aware of. These differences can help you determine if a cohabitation agreement would be helpful for your relationship.
Common-law and married couple have different property rights When you are cohabitating, the assets you bring into the relationship, and any increase in their value belong to you alone. Unlike marriage, there is no right to divide this property or share in its value. An agreement can help you define which assets you wish to share should you separate. This also means that If a common-law spouse dies without a will, the other partner does not automatically inherit any part of their estate.
Common-law and married couples usually have the same rights related to children. If you have children together, you have the same rights as married parents when it comes to child support, decision-making responsibilities and parenting time (formerly access).
Depending on the length of the relationship, common-law and married couples may be treated the same by law in other areas.These include the right for spousal support, disability benefits, immigration sponsorship and income taxes.
Learn more about your rights and responsibilities when cohabitating. When you are searching for a good family lawyer in Vaughan to create your cohabitation agreement, contact the family law team at Sutherland Law.
Why Would You Want a Cohabitation Agreement?
If you have decided to enter into a common-law partnership, you may wish to create a cohabitation agreement to more clearly define / share ownership of a house, cottage or business. If you have children from an earlier relationship, it can help protect their rights as you enter the new relationship. If your partner has debt, you can add provisions to protect you from debt incurred before or during the marriage.
If you decide to get married, the agreement becomes your marriage contract (or prenuptial agreement).
Choose the Right Lawyer in Vaughan to Create Your Cohabitation Agreement
Whether you are in a common-law relationship or marriage, it’s never too late to create a marriage agreement or cohabitation agreement. Contact Sutherland Law to see if we are the right family lawyers for you.
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Resource:Steps to Justice: Is there a legal difference between being married and living together?https://stepstojustice.ca/questions/family-law/there-legal-difference-between-being-married-and-living-together/