The risks of preparing your own separation agreement or using a “do-it-yourself” kit are that:
- It may not be valid or enforceable;
- It may not say what you want it to say; and
- It may not do what you want it to do.
Family law is very complex. There is no boilerplate agreement that can be applied to every relationship. If you are making a separation agreement, it is important to get legal advice to help you assess your particular situation, advise you on the law, and help you sort out what you should include in your agreement. We tailor and prepare agreements that apply to your situation.
A separation agreement is a private contract between you and your spouse settling any or all issues relating to the end of your relationship, such as:
- Division of property;
- Child or spousal support;
- Parenting arrangements, such as:
- With whom will your child reside?
- How much time will your child spend with each parent?
- Who will make decisions regarding your child’s education, health, religion, etc.?
Some people fear that a lawyer may recommend that they go through the expense of getting a cohabitation agreement that they do not need. Whether you need a cohabitation agreement will depend entirely on your specific circumstances and concerns, and we will tell you if a cohabitation agreement does not make sense for you.
It depends. Our family lawyers charge an hourly rate for preparing marriage or cohabitation agreements. If you are prepared and can provide your lawyer with complete information in an organized and timely manner, it will take your lawyer less time to assess your file and draft your agreement.
If you prepare your own cohabitation agreement or using a “do-it-yourself” kit, there is a risk that:
- The agreement may not be valid or enforceable;
- The agreement may not say what you want it to say; and
- The agreement may not do what you want it to do.
Family law is very complex. There is no boilerplate agreement that can be applied to every relationship. If you are making a cohabitation agreement, it is important to get legal advice to help you assess your particular situation, advise you on the law, and help you sort out what you should include in your agreement. We tailor and prepare agreements that apply to your situation.
You may benefit from a cohabitation agreement if any of the following apply to you:
- There is property that you want to protect in the event of that your relationships ends (i.e.: inheritances, pensions, gifts, assets that you are bringing into the relationship, assets that you will acquire during the relationship, etc.);
- This is not your first marriage or common-law relationship and you want to preserve your assets;
- You want to preserve your assets for your children when you die;
- You want to reach an agreement with your spouse about any possible future claims for spousal support in case the relationship ends;
- You want to avoid an expensive and acrimonious separation if the relationship ends;
- You want to set out how finances will be handled during your relationship;
- You want to have a say as to “who keeps what” if the relationship ends.
The reality is that relationships do end, sometimes before we hope they might. A cohabitation agreement allows you and your partner to put a plan in place at a time when you feel secure in your relationship, which can be easier than reaching an agreement while a relationship is ending. A cohabitation agreement can also help you and your partner more easily resolve disputes arising from the end of your relationship, and limit the possibility of conflicts that need to be resolved in court. A carefully drafted cohabitation agreement, created with the advice of a lawyer, can be a very effective tool in helping you and your partner plan for the future.
A cohabitation agreement is a written agreement between people in a marriage-like relationship dealing with financial arrangements during the relationship or in the event of a relationship breakdown. A cohabitation agreement can be made between people who are not yet spouses (either married or common-law), or who are already married or common-law spouses. Generally, in order for a cohabitation agreement to be valid it must be in writing, witnessed, and signed. However, there are circumstances in which a cohabitation agreement, or parts of it, may not be valid. You should consult with a lawyer to ensure that your specific situation is properly addressed in a cohabitation agreement.
