How to create a legally binding co-habitation agreement in Nova Scotia
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What is a co-habitation agreement?
A co-habitation agreement is a legally binding contract between unmarried couples who live together. In Nova Scotia, a co-habitation agreement establishes legal rights and responsibilities towards each other, similar to how marriage provides certain legal protections for couples who tie the knot.
A co-habitation acts to outline the key terms of the relationship
The point of the agreement is to clarify and solidify the agreement between the people in the relationship in a manner that would be legally binding in a Nova Scotia court if there was ever a dispute. So, although it is possible to draft a co-habitation agreement on your own (or with the assistance of a ‘Do it Yourself’ kit from the internet), it is highly advisable to seek legal counsel from a qualified family law lawyer.
Practical steps to creating the Co-habitation Agreement
A lawyer will meet with you (and your partner if you prefer) and review the specifics of your situation to ensure the agreement actually covers all of terms relevant to your relationship. The initial meeting can be in person, via video or phone. The final meeting will be generally be in person so the lawyer can sign as witness to the agreement. The agreement does not have to be witnessed by a lawyer to make it binding, but if there was ever a dispute, the court is more likely to uphold the terms of an agreement if it can be shown that both parties had independent legal counsel.
Independent Legal Advice is Highly Recommended
For that reason, even if you are both on the same page, you will be advised that one of you should review the agreement with a second lawyer. If you choose not to, the lawyer will have you sign a ‘Waiver of Independent Legal Advice’ that will indicate that it was explained to you that it was in your best interest to have Independent Legal Advice and you chose not to.
What terms should be included in a Co-habitation Agreement in Nova Scotia?
A co-habitation agreement should be drafted to reflect the specifics of your relationship, not be a cookie-cutter form. However, in general, an effective co-habitation agreement should include:
A clear identification of both partners and their intentions.
A description of the current living arrangements and any jointly owned property;
Provisions for the allocation of financial responsibilities and financial contributions of each partner.
Terms and conditions concerning property division in case of separation or death.
Provisions for child custody, visitation, and support, if applicable.
The duration of the agreement and any conditions for its modification or termination.
A co-habitation agreement is a personalized legal document that should be tailored to your specific needs and it is reasonably to expect that it should be updated and modified over time.
By: Briana C. O’Grady -Lawyer
Have Questions For Us?:
If you have any questions about co-habitation agreements you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $500+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.
The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers
