Cohabitation Agreement Calgary

Practical legal support for couples building a life together

When you and your partner want to clarify your rights and obligations before or during cohabitation, our Calgary cohabitation lawyers provide guidance and support throughout the process.

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OUR SERVICES

Helping You Establish Property Rights And Obligations in Your Relationship

Many Alberta couples opt for committed relationships without getting married. After a breakup, property division (including individually purchased assets and jointly purchased assets) for common law partners who meet the legal definition of Adult Interdependent Partners is similar to that for married couples. However, there's a limited time to apply for a division of the family property.

For fairness and security, common-law spouses may enter into a cohabitation agreement that outlines each person's obligations during the relationship and in the event of separation. Kirk Montoute Dawson LLP’s cohabitation agreement lawyers in Calgary possess in-depth knowledge of the legal rights and responsibilities of common law partners. We’re here to guide and support you through the cohabitation agreement process. As skilled negotiators, we offer tailored, practical solutions that reflect your unique relationship.

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“Wanda is thorough and extremely knowledgeable. She is a creative thinker, solution orientated and proposes alternative approaches to achieve resolution. She is compassionate, caring and always listen’s. Ultimately, I trust Wanda and the advice I receive as she always has my best interests at heart.”
~LC

The Benefits of Cohabitation Agreements

The Family Property Act only applies to married couples and people in a common-law relationship that meets the definition of being in an Adult Interdependent Relationship. If the spouses are not Adult Interdependent Partners upon separation, they may be able to make a claim for a portion of the property accumulated during the relationship. However, the outcome of such legal action is unpredictable, as the presumption of equal property division only applies if the Family Property Act is applicable. Items included in a cohabitation agreement are similar to prenuptial agreements or domestic agreements, but don’t depend on formal or common law marriage to become valid.

A cohabitation agreement eliminates this unknown by establishing a clear division of asset ownership. Additionally, a cohabitation agreement can include terms that are unique to each couple's specific circumstances. A couple may, for example, agree to pay spousal support following a breakup. Including spousal support provisions in a cohabitation agreement can provide an added layer of protection for spouses who may be financially vulnerable upon separation.

Cohabitation agreements are entered into willingly by people in committed relationships. Choosing a law firm committed to reaching consensus through non-adversarial processes is one way to ensure your experience creating a cohabitation agreement is positive. Kirk Montoute Dawson LLP is a firm of skilled legal practitioners offering independent legal advice and committed to helping our clients reach long-term solutions.

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WHY WORK WITH US

Why Trust Kirk Montoute Dawson LLP as Your Cohabitation Agreement Lawyer

Dedicated to Supporting Calgary Couples

With decades of combined experience, our family lawyers help Calgary couples create cohabitation agreements that protect their interests and bring peace of mind. We provide tailored legal solutions to ensure your rights are clearly defined and your future is secure.

Knowledgeable Cohabitation Agreement Lawyers

As family lawyers, we understand the complexities of common law relationships and provide informed, strategic guidance on all issues related to cohabitation agreements, including spousal support and the division of property.

Supporting You With Understanding and Care

We recognize the importance of creating a solid foundation for your future. Whether you're seeking to clarify terms within an existing relationship or entering a new one, we're dedicated to helping you navigate the process with confidence.

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RESOURCES

Legal Articles, News & Insights

Explore our extensive collection of resources and articles, carefully curated to provide valuable insights into family law matters. Whether you're seeking information or guidance, our resources are here to help. Browse below to find the answers and support you need.

Challenging the Validity of Cohabitation and Pre-Nuptial Agreements In Alberta

Issues that may impact the validity of a Cohabitation or Pre-Nuptial Agreement are typically viewed far too abstractly by parties and lawyers alike. The demise of the relationship or...

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If you have a common law or cohabitation-related matter to discuss and would like to consult with one of our cohabitation agreement lawyers in Calgary, we're here to listen and provide the advice you need.

Call us toll-free at 877-563-5295. If you’re in Calgary, call 403-233-9300 or contact us online to book an appointment with a Calgary separation lawyer.

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Frequently Asked Questions

A cohabitation agreement is a legal contract between two people who are living together but are not married. Such agreements outline the rights and responsibilities of each party during the relationship and in the event of a separation. It can cover various issues, such as financial contributions, property ownership, spousal support, and the division of personal assets or debts in the event of a relationship ending. A cohabitation agreement helps provide clarity and protection for both individuals, ensuring that their interests are safeguarded, particularly in matters related to property and finances.

A cohabitation agreement is ideal for couples planning to live together, especially if they’re bringing significant assets into the relationship, plan to buy property jointly, or have children from a previous relationship. It’s also recommended when there’s an income or asset imbalance, or when both partners want clear expectations around responsibilities and finances. The cohabitation agreement helps prevent disputes and provides clarity and protection in the event of a separation.

A cohabitation agreement typically outlines how assets, other significant property, and debts will be handled during the relationship and in the event of a separation or divorce. It can include details about real estate ownership, division of jointly acquired assets, financial responsibilities such as mortgage or rent payments, spousal support arrangements, and how to handle future claims, property purchases or inheritances. The agreement can be tailored to reflect the couple’s specific needs and goals, providing clarity and legal protection for both partners.

An Adult Interdependent Relationship is a legally recognized relationship in Alberta between two people who share their lives, are emotionally committed to each other, and function as an economic and domestic unit. You can become part of an Adult Interdependent Relationship by signing an Adult Interdependent Relationship agreement, living together in a relationship of interdependence for at least three years, or living together and having a child together. Being in an Adult Interdependent Relationship carries many of the same legal rights and responsibilities as marriage, including implications for property division, spousal support, and estate matters.