The old song “Breaking up is hard to do” accurately summarizes what is a nearly universal experience. Almost everyone has gone through a tough break up at one time or another.  And whether you are married or not, it can be a truly awful time. The last thing anyone needs in the middle of a break-up is to have the conflict made worse by uncertainty about custody arrangements and how to divide your property. During a break-up, emotions are often all over the place and it’s easy to make bad decisions that have a lasting impact.

If you are in a common-law relationship, a useful tool to consider is a cohabitation agreement. Think of it as a prenuptial agreement for non-married couples. A cohabitation agreement allows you to determine in advance how you would divide your property in the event of a break-up.