More and more unmarried couples choose cohabitation agreements instead of marriage in Canada. But, do you know a cohabitation agreement is legally binding in Canada?
The cohabitation agreement is also known as a common-law live together agreement. Let’s learn about the cohabitation agreement and complete details from this blog.
Cohabitation Agreement – Explained
When unmarried couples live together with a mutual agreement under the legal probation of common law agreement is known as a cohabitation agreement. If two adult people decide to live together without marriage but perform all the obligations of married couples are in a cohabitation relationship agreement.
Related parties are not bound to marry in a cohabitation agreement, unlike a prenuptial agreement. After the end of the contractual period, they can extend the duration or break the contract.
Moreover, the contractual party can be legally married if they decide to stay together. So, that agreement is very flexible and offers more opportunities for couples. Plus, an unmarried couple can stay happy as their legal and personal rights will be kept secured by the common law.
People enter into an agreement of cohabitation for living together without marriage, ensuring the rights and obligations of related parties.
In the case of regular marriage, the question of divorce or separation is very complex. On the other hand, a cohabitation agreement is very straightforward and easily breakable.
More importantly, the cohabitation agreement helps unmarried adults decide their future even after the contractual period ends. So, cohabitation allows a free life for related parties and their children, properties, debts, and spousal support.
Is the Cohabitation Agreement Legally Binding in Canada?
A cohabitation agreement protects an unmarried person’s financial and legal interests under common law rules. Both related parties enter into a valid agreement to live together under common law probation for a certain period.
To be more specific cohabitation agreement is legal under common law jurisdiction. Therefore, it has a binding force in Canada.
However, in some states of Canada, unmarried couples have to agree to different obligations of common law to establish a cohabitation agreement as valid.
They must stay together for an average of 3 years and have valid reasons to stay together without entering into a marriage contract. However, to be declared a common-law couple, parties must stay together for at least 1 year.
To enforce the cohabitation agreement, both parties need to fill-up the form. Also, don’t forget to clarify the terms of the contact paper. Moreover, entering parties must be sure about the whole complexation of the agreement.
How to Enforce the Cohabitation Agreement
If the relationship breaks down in a disputed way, the aggrieved party can sue.
To get any legal support hiring a lawyer will be a better option. Illegal immigrants use the cohabitation agreement to earn citizenship status, so the chances of misusing such agreements are huge. Therefore, in case of any complexities, the aggrieved party can come up with the rightful claim.
As Canadian law makes the cohabitation agreement legally binding, you have the chance to establish your claim if any unlawful acts happen against you.
If the opposite party doesn’t fulfill the obligations of the cohabitation agreement, you can claim appropriate compensation in a common-law court.
Cohabitation agreements are gaining more popularity in all communities. Moreover, people from different states of Canada enter into cohabiting agreements because of the easy procedure of beginning new legal relations. As days pass, cohabitation laws are also changing, becoming more acceptable for all.
Is a Cohabitation Agreement Complex?
The cohabitation agreement has certain criteria because of the misuse approach to immigrants. However, it opens a gate for entering into a legal relationship for any adult person. Even homosexual people can come under the umbrella of a cohabitation agreement.
How to Break a Cohabitation Agreement?
A cohabitation agreement can be broken mutually or intervention of the court. However, the agreement will automatically end if you enter into a contract with a time limitation after passing the duration.
Why are People Getting Interested in Cohabitation Agreement?
As the cohabitation agreement opens a window for all adult persons to stay in a legal relationship to protect legal rights, more people are getting interested in it.