Cohabitation Agreement

A cohabitation agreement is a legal document that provides protection and clarity for couples who choose to live together without being married. It outlines the rights and responsibilities of each partner during the relationship and in the event of a breakup.

Who Can Enter a Cohabitation Agreement?

A cohabitation agreement can be signed by:

1. Couples who live together in a romantic relationship;
2. Couples planning to move in together; and
3. Any two individuals, such as friends or relatives, who decide to live together and share expenses (though this article focuses on romantic partners).

Why is a Cohabitation Agreement Important?

In Alberta, couples who live together for three years or have a child together are considered common-law partners. However, common-law partners do not have the same legal rights as married couples, particularly regarding property division under the Matrimonial Property Act. Without a cohabitation agreement, a partner may not have any legal claim to shared assets after a breakup.

A cohabitation agreement helps to:

1. Clearly define how assets and debts will be divided;
2. Establish financial support arrangements in case of separation; and
3. Provide security in the event of a partner’s death, ensuring inheritance rights.

Key Components of a Cohabitation Agreement

A cohabitation agreement typically includes provisions for:

1. Asset and Debt Division – Identifies each partner’s assets and debts and outlines how they will be handled upon separation.
2. Financial Support – Determines whether one partner will provide support to the other and for how long.
3. Child Custody and Support – If applicable, establishes parenting arrangements and financial support for children.
4. Inheritance Rights – Specifies property distribution upon a partner’s death if no will is in place.

How to Create a Cohabitation Agreement

To create a valid and enforceable cohabitation agreement, follow these steps:

1. Identify and Value Assets and Debts – Each partner must disclose their financial situation.
2. Decide on Property Division – Agree on how assets and debts will be split in the event of separation.
3. Determine Financial Support – Outline whether support payments will be made after separation.
4. Consider Child Custody and Support – Include terms for children, if applicable.
5. Seek Legal Advice – Both partners should have independent legal counsel to ensure fairness.
6. Sign the Agreement – The document must be in writing, signed by both parties, and witnessed.

Enforcing a Cohabitation Agreement

A cohabitation agreement is legally binding in Alberta, provided it meets the following requirements:

1. It is in writing and signed by both partners;
2. Each party had independent legal advice; and
3. There was full disclosure of significant assets and debts.

A court may set aside the agreement if it is found to be unconscionable, if there was fraud or duress, or if significant financial information was not disclosed.

Contact Us

For assistance in drafting or reviewing a cohabitation agreement, contact our experienced family lawyers at info@lawsnbeyond.com.

Frequently Asked Questions about Divorce

Please reach us at info@lawsnbeyond.com if you cannot find an answer to your question.

What happens if we separate without a cohabitation agreement?

Without an agreement, common-law partners do not have automatic property division rights. Assets remain with the person who legally owns them unless a claim is made under unjust enrichment laws.

Can a cohabitation agreement include spousal support?

Yes, partners can include provisions for financial support after separation, but it must be reasonable and fair to be enforceable.

Does a cohabitation agreement override a will?

A cohabitation agreement can include inheritance provisions, but it is still recommended to have a properly drafted will.

Can we change our cohabitation agreement?

Yes, the agreement can be amended if both partners agree and sign the revised document with legal advice.

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