Cohabitation Agreement

Family Lawyer Markham

Markham Cohabitation Agreement Lawyers

For couples, who live together in Markham and are not legally married, a cohabitation agreement can help protect yourself, should your relationship end. There are specific laws that define common-law relationships under the Income Tax Act and Ontario Family Act. Yet, for family law matters, the laws regarding specific issues can have unique requirements.

To qualify for spousal support, which is allowed for cohabitating couples, one must have been in the relationship continuously for at least three years or longer. In addition, any property and assets acquired during the relationship could fall under Trust Laws for property division.

Due to these concerns and others, it is highly recommended for cohabitating couples to have a cohabitation agreement created by our Markham cohabitation agreement lawyer. The process is similar to drafting and creating a marriage agreement (prenuptial agreement).

Couples can include how property will be divided if the relationship ends. They can include provisions for spousal support, disposition of the cohabitation home, and other such instructions for property division.

In the event the couple has minor children, they can also include child visitation and access, child custody, and child support as part of the cohabitation agreement. Please keep in mind, with minor children, the courts will ensure their best interests are put first. As such, the wishes of the parents may not be followed if the court feels they are not in the children’s best interests.

At AP Lawyers, we have a 6-step cohabitation agreement process to ensure your agreement is legally binding. Should you decide to get married, your cohabitation agreement automatically converts into a marriage agreement.

To learn more about drafting and creating a cohabitation agreement, please feel free to call our Markham cohabitation lawyer today!


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