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.

Who uses Co-Habitation Agreements?

Co-habitation agreements are mostly used by couples in romantic relationships. They can also benefit individuals who share a home for non-romantic reasons. Regardless of the nature of the relationship, a co-habitation agreement is useful for clarifying financial matters, property rights, and other important issues.

When is a Co-Habitation Agreement useful?

People mistakenly believe a co-habitation agreement is only used upon breakdown of a relationship. While it is certainly valuable should that come to pass, a co-habitation agreement will also usually outline a number of terms to be followed during the co-habitation relationship.

Why do you need a co-habitation agreement?

1. Protection of assets:

   One of the primary reasons for having a co-habitation agreement is to protect your individual assets. Without a legal agreement in place, it can be challenging (and expensive) to determine the division of property if the relationship ends in Nova Scotia. A well-drafted agreement sets out both parties’ expectations as to who will keep which assets (and how debts will be paid) if the relationship ends. Determining a fair division is a lot easier at the start of a relationship than at the end.

2. Clarification of financial responsibilities:

   Finances can often be a significant source of conflict between couples. A co-habitation agreement establishes clear terms for use during the relationship regarding the financial responsibilities of each partner at the outset, before any misunderstandings can develop. These terms can include payment of bills, expenses, and other shared costs.

3. Child custody and support:

   If you and your partner have children together, although not common, a co-habitation agreement can outline a framework for the various aspects of child custody, visitation, and child support. It ensures that the best interests of any children involved are protected if the relationship ends and provides a solid framework for ensuring a smooth transition. The document could also outline expectations with respect to children from previous relationships.

4. Avoiding legal disputes:

   In Nova Scotia, a co-habitation agreement minimizes the risk of a costly legal battle should the relationship end. Clearly defining the terms of the relationship fosters a more amicable and fair resolution if the relationship ends and both parties are generally much happier with outcome if they are agreeing in advance of the breakdown than in aftermath of a failed relationship.

Understand your rights by talking to a Family Law Lawyer

A co-habitation agreement is a crucial step in protecting your rights and assets when living together with your partner in Nova Scotia. This binding agreement not only clarifies financial matters and property rights but also provides a framework for decision-making, child custody, and other important aspects of a relationship.

Consulting with a family law lawyer can ensure that your co-habitation agreement covers all necessary provisions to safeguards your interests. By being proactive and creating this legal document, you can navigate potential challenges and promote a healthier and more secure shared living arrangement.

By: Dianna Rievaj - Founding Lawyer

Have Questions For Us?:

If you have any questions about co-habitation 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.

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