Writing Cohabitation Agreements
If you and your partner are considering moving in together, creating a cohabitation agreement is a wise step. A cohabitation agreement is a legally binding document that outlines the rights and responsibilities of each party in the relationship. This guide will walk you through how to write a cohabitation agreement in Nova Scotia, ensuring clarity and protection for both you and your partner.
What is a Cohabitation Agreement?
A cohabitation agreement is a legal contract between two people who live together or plan to live together. It addresses various aspects of the relationship, such as property ownership, financial obligations, and what happens if the relationship ends. In Nova Scotia, such agreements are particularly useful for unmarried couples who want to clarify their rights and responsibilities.
Why is a Cohabitation Agreement Important?
Cohabitation agreements can:
- Protect individual assets
- Clarify financial contributions
- Define responsibilities for shared expenses
- Outline terms for property division in the event of a breakup
- Provide peace of mind by reducing potential conflicts
Steps to Write a Cohabitation Agreement in Nova Scotia
Step 1: Discuss Your Needs and Expectations
Start by having an open and honest conversation with your partner about what you both want to include in the agreement. This discussion should cover:
- Ownership of current and future property. If new things are required, will they be purchased and owned by one party? Or will the expense be shared equally?
- Financial contributions to shared expenses
- Debt responsibilities
- Terms for spousal support (if applicable)
- Arrangements for pets or other shared responsibilities
Step 2: List Assets and Debts
Create a detailed inventory of your individual and shared assets and debts. By openly sharing financial details, both partners demonstrate honesty and a commitment to working together. This reduces the likelihood of misunderstandings or disputes later.
Step 3: Outline Key Provisions
Include the following key sections in your agreement:
- Property Ownership: Specify who owns which assets and how future assets will be handled.
- Financial Responsibilities: Define how you will manage shared expenses, such as rent, utilities, and groceries.
- Debt Management: Clarify who is responsible for existing and future debts.
- Spousal Support: If applicable, outline the terms for spousal support in case of a breakup.
- Dispute Resolution: Include a clause on how disputes will be resolved, such as through mediation or arbitration. It is important to note that this will be the first avenue for attempting to resolve any disputes, but you cannot prohibit either party from litigating an issue if this is unsuccessful.
Step 4: Consult a Lawyer
While it’s possible to write a cohabitation agreement yourself, consulting a family lawyer in Nova Scotia is highly recommended. A lawyer can ensure your agreement complies with provincial laws and that both parties fully understand their rights and obligations. If the agreement is so heavily flawed that it’s clear the parties did not understand their legal obligations, the entire agreement might be deemed unenforceable.
Step 5: Draft the Agreement
Work with your lawyer to draft the agreement based on your discussions and outlined provisions. Ensure the language is clear and precise to avoid misunderstandings.
Step 6: Review and Revise
Both partners should thoroughly review the draft and suggest any necessary revisions. This step ensures the agreement reflects mutual consent and understanding. If the agreement has been drafted together, it is highly recommended that both parties seek independent legal advice. This ensures that each person fully understands their rights and obligations, and it provides an added layer of protection to the enforceability of the agreement.
Step 7: Sign the Agreement
Once both parties are satisfied with the agreement, sign it in the presence of witnesses. In Nova Scotia, having the document notarized is not required but can add an extra layer of validation.
Services at Brookshire Law Office
At Brookshire Law Office, we offer the drafting of cohabitation agreements for a flat fee, with prices listed on our Family Law Overview page. Our service includes a meeting with one of our experienced family lawyers, who will collect your information, discuss your options, and draft the agreement. It is recommended that the other party review the agreement with another lawyer and obtain an independent legal advice certificate. Please note that the cost for this certificate is not included in our flat fee and is paid directly to the independent counsel. Once they have obtained the certificate, you will both return to our office, where we will review any recommendations made. As part of our flat-fee service, we will incorporate any necessary changes before finalizing and signing the agreement. Contact us today to schedule a consultation and take the first step toward securing your future with a legally sound cohabitation agreement.
The above is provided for informational purposes only and does not constitute legal advice — contact a lawyer to discuss your personal circumstances and learn your options.
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