Cohabitation Agreements in Calgary

Establishing Property Rights And Obligations

Many Alberta couples choose to pursue a relationship based on shared emotional commitment but decline to get married. The law does not necessarily grant common-law partners the same rights and obligations as married spouses or place the same obligations on them. Specifically, if the relationship ends, property division, including jointly purchased assets and individually purchased assets, is not automatic unless the parties meet the legal definition of Adult Interdependent Partners. Even if the unmarried couple are Adult Interdependent Partners, there is a limited period of time that the parties have to apply for a division of the family property.

Learn more about your options with a cohabitation agreement by contacting our law firm. For security and fairness, common-law spouses may enter into a cohabitation agreement, which outlines each person's obligations during the relationship and if the couple separates. We are trusted cohabitation agreement lawyers at Calgary's Kirk Montoute Dawson LLP. As skilled negotiators, we can help you to reach an effective cohabitation agreement with your partner.

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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 Adult Interdependent Partners. If the spouses are not Adult Interdependent Partners upon separation, they can make a claim for a portion of the property accumulated during the relationship. However, the result of such legal action is unpredictable as the presumption of equal property division only applies if the Family Property Act applies. Items included in a cohabitation agreement are similar to prenuptial agreements or domestic agreements but do not depend on formal or common law marriage to become valid.

A cohabitation agreement eliminates this unknown by establishing a clear division of asset ownership. In addition, a cohabitation agreement can include unique terms specific to each couple's unique circumstances. A couple may, for example, agree to pay spousal support following a breakup. Including spousal support provisions in a cohabitation agreement can add an element of protection to 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 reaching long-term solutions for clients' needs.

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Common Law Relationships and Cohabitation Agreements: Lawyers Serving Calgary and Area

To consult with our Calgary cohabitation agreement lawyers, call us toll free at 877-563-5295.
In Calgary, call 403-233-9300 or contact us online to book an appointment.

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