Michelle helped us out with a co-hab. She was really easy to work and communicate with. She’s very knowledgeable and professional. And- I think the honest discussions about our future expectations, with the benefit of understanding the legal side, actually strengthened our relationship!
Michelle’s most given and least taken advice to couples is “Get a Cohabitation Agreement” (also sometimes called Marriage Agreements or a Prenup). A Cohabitation Agreement lets you opt out of parts of the law and lets you define your own rules that feel fair for your relationship- married or commonlaw- respecting property, support and other matters.
Did you know that after 2 years of living together you are treated like spouses under the law for property division and spousal support?
I firmly believe that all couples who plan to live together should have a Cohabitation Agreement where they have assets, property, or debts when entering the relationship. A Cohabitation Agreement will also contemplate future expectations, including windfalls from inheritances, evolution of businesses and investments, income and employment differences, joint and separate property, children, and support.
The law can be unpredictable as case law shifts and it does not always reflect couples’ expectations respecting property division and spousal support. Having conversations about money and property at the beginning of a relationship ensures that the couple is on the same page, has the same expectations, and can define the rules and boundaries they are comfortable with, rather than be subjected to the changing law.
Many couples are uncomfortable with the idea of a Cohabitation Agreement, as they may see it as a signal that one person does not believe in the relationship. I see it differently– a couple who can talk about money and property, and can make agreements that suit them, can flourish and be a stronger more empowered team. A Cohabitation Agreement is like an insurance policy. You hope you don’t need it, but if you do, the upfront investment will pay off in saved in legal fees required to navigate a separation or divorce and will make those discussions kinder and less loaded. If you have these negotiations when everyone is an empowered, rational and positive space- you won’t have to have them when emotions are high and people are triggered in the aftermath.
A Cohabitation Agreement has weight like a court order and the court must respect them except in certain circumstances. It is important to have a lawyer write and review these Agreements to ensure that the Agreement is fair under the law and can be upheld. Independent Legal Advice is a critical component of ensuring that all parties understand what they are agreeing to and will be bound by.
If you and your partner wish to collaborate more fully in developing your Cohabitation Agreement together, you may wish to consider Mediation.
Michelle provides the following services and packages for those considering cohabitation or marriage, at a flat rate. The flat rate provided on the Services & Pricing page includes all fees and disbursements unless otherwise stated or agreed.
NOTE: The flat rate for services or packages are subject to change without notice and the fees as set out on this webpage on the date that you select the service is the price that you will pay for that specific service or package, and with the tasks or limitations as set out herein. All prices are in Canadian Dollars (CND$). Taxes are not included.
I believe the development of a Cohabitation Agreement should be a collaborative and positive process between you and your partner. While I act on your behalf only, I can help you have productive discussions with your partner before drafting starts so you can better ensure the agreement meets your mutual relationship goals. I will walk you through your legal rights and obligations and consider options to meet your needs and wishes in creative ways. When you sign the Agreement, I can provide a Certificate of Independent Advice.
If you and your partner wish to work together to collaborate on the development of your Cohabitation Agreement, or if you do not see eye-to-eye, you may wish to consider mediation. Mediation will allow you and your partner to work together to create the terms of your Cohabitation Agreement cooperatively. Structure your relationship in a way that reflects both of your needs and within your joint relationship goals.
Please see the Mediation tab for information on the mediation process and cost. While the Mediation page is focussed on separations, the process and cost information is applicable to mediations for Cohabitation or Marriage Agreements.
