Cohabitation Agreements

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Effective Legal Advice For Creating Cohabitation Agreements

Similar to prenuptial or marriage agreements, a cohabitation agreement outlines how common-law couples will divide their assets in the event of a separation.

At Henderson Heinrichs LLP, our legal team offers over 20 years of experiencing assisting common-law couples with resolving their disputes. Based in Vancouver, British Columbia, we use our experience to help common-law couples draft effective, stable and enforceable cohabitation agreements that protect their legal rights in the event of a relationship breakdown.

Leverage Over Two Decades Of Family Law Experience

With our extensive history of resolving disputes between common-law couples, we are able to help you draft provisions that are fair, legal and enforceable. It is important to understand that British Columbia generally treats married and common-law couples the same way. At Henderson Heinrichs LLP, our family lawyers will help you understand whether you are in a common-law relationship, whether you need an agreement and if so, what terms would be reasonable and enforceable.

We have comprehensive experience in applying existing family law legislation and common law principles to different situations, including dividing property and assets up, deciding on spousal support and dealing with debt.

Walking You Through The Legal Process

At Henderson Heinrichs LLP, our family lawyers will not recite legal information back to you. We provide you with:

A big-picture perspective of your goals: We will let you know if they are realistic, and whether there are alternatives that you had not yet thought about;
The different ways you can pursue your goals: There are often several ways to reach the same place, and we will take the time to help you decide what would work best for you; and
The potential risks involved: While risk is always something that must be considered, our family law lawyers will help you balance that risk against the benefits that may be obtained.

Negotiating Terms

Our lawyers practice only family law. We know what is possible and we have a great deal of experience in achieving our clients’ goals. You can trust Henderson Heinrichs LLP, not only to design reasonable and enforceable agreement terms but to negotiate with your spouse and their lawyer to make that agreement a reality.

Speak To Our Lawyers. Arrange A Consultation

Do you have questions about how a cohabitation agreement could benefit you? Call Henderson Heinrichs LLP at 1-844-669-3500 to arrange a free half-hour consultation or use our online enquiry form.

FAQS

What’s the difference between a cohabitation agreement and a prenup?
A cohabitation agreement and pre-nuptial agreement are basically the same thing. Most lawyers draft cohabitation agreements to continue to apply if you get married. A pre-nuptial agreement can be more precise and take effect on the date of intended marriage. The terms in both agreements are generally the same and the same factors to ensure that the agreement is upheld on separation apply.
Should I get a cohabitation agreement in BC?
If you want to protect property that you are bringing into a relationship, you should consult a lawyer to see if a cohabitation agreement is right for you. If you do not have a cohabitation agreement, after two years of living together, you become common law spouses under the BC Family Law Act and your partner becomes entitled to property and support rights. With a cohabitation agreement, you can modify the default operation of the property division and support obligations under the Act.
Are cohabitation agreements legally binding in BC?
Generally speaking, properly drafted and executed cohabitation agreements are legally binding in BC. Cohabitation agreements could be set aside by a court if:
- There has not been full disclosure made about assets, liabilities and income,
- One spouse took improper advantage of the other spouse’s vulnerability, including their ignorance, need or distress,
- One spouse did not understand the nature or consequences of the agreement – for example, no legal advice has been given to the person on their rights and obligations under the agreement,
- The agreement operates so unfairly that a court will want to set it aside.
If you are thinking about a cohabitation agreement, you will need to make full disclosure of your assets, liabilities and income as part of the negotiation process. Your partner will need to obtain independent legal advice on the agreement prior to signing and it is best if that lawyer provides a Certificate of Independent Legal Advice which confirms that:
- They reviewed the agreement with the other side,
- They provided the other side with legal advice on the agreement and how it departs from the BC Family Law Act (if it does),
- They confirm that the agreement was signed by the other side of their own free will and not under any duress or pressure from the drafting party.
What happens if I don’t have a cohabitation agreement?
If you do not have a cohabitation agreement and you have lived with your partner for two years, or you marry your partner, then you will have your legal rights and obligations determined under the BC Family Law Act and/or the Divorce Act.
How much does a cohabitation agreement cost in BC?
A properly negotiated and drafted cohabitation agreement will be billed on an hourly basis. You can generally expect to spend a minimum of $2,500 for an agreement.

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