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Cohabitation Agreement BC: All You Need to Know
A cohabitation agreement, also known as a “living together agreement,” is a legally binding document that outlines the terms and conditions of a couple`s living arrangements. It is typically created by unmarried couples who choose to live together and wish to establish clear boundaries and expectations for their relationship. These agreements can be especially important in British Columbia (BC), where common law relationships are recognized by law.
In this article, we will provide an overview of cohabitation agreements in BC and discuss their importance for couples who are living together.
What is a Cohabitation Agreement?
A cohabitation agreement is a legal document that outlines the terms and conditions of a couple`s living arrangements. It can include provisions that address issues such as property division, spousal support, and child custody in the event of a separation. Cohabitation agreements can be tailored to suit the specific needs of each couple and can vary in detail and complexity.
Why Create a Cohabitation Agreement?
There are many reasons why couples choose to create a cohabitation agreement. For one, it can help establish clear boundaries and expectations for the relationship. It can also provide legal protections for both partners in the event of a separation.
In BC, common law couples have many of the same legal rights and obligations as married couples. However, unlike married couples, common law couples do not have the same automatic legal protections if they separate. For example, property division in BC is governed by the Family Law Act, which applies to both married and common law couples. However, married couples have additional legal protections under the Divorce Act, which are not available to common law couples.
By creating a cohabitation agreement, couples can establish their own rules for property division, spousal support, and child custody in the event of a separation. This can be especially important for couples who have children, as it can help ensure that the children`s best interests are protected.
What to Include in a Cohabitation Agreement?
The specific provisions of a cohabitation agreement can vary depending on the needs of each couple. However, some common provisions that may be included in a cohabitation agreement in BC include:
– Property Division: This provision outlines how property will be divided in the event of a separation. Couples can choose to divide property equally or establish their own rules for property division.
– Spousal Support: This provision may address spousal support in the event of a separation. It can establish the amount and duration of support payments, as well as any conditions that must be met before support is terminated.
– Child Custody and Support: If the couple has children, the cohabitation agreement may address child custody and support. It can establish a parenting plan and child support payments.
– Financial Responsibilities: This provision outlines the financial responsibilities of each partner, such as paying rent, utilities, and other household expenses.
Conclusion
In BC, cohabitation agreements are an important tool for unmarried couples who choose to live together. By establishing clear boundaries and expectations, couples can protect themselves and their children in the event of a separation. If you are considering creating a cohabitation agreement, it is important to seek the advice of a lawyer who is experienced in family law. A lawyer can help you draft an agreement that meets your specific needs and provides the legal protections you need.
