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Cohabitation Agreements

A Practical Legal Guide

Protect your relationship - and your assets

Cohabitation can give rise to legal rights. You can avoid significant legal risk and potential conflict by using a cohabitation agreement. A cohabitation agreement sets out what will happen to your property (both joint and separate) if your relationship ends. Cohabitation agreements are not just about protecting property - they can help protect your relationship, by providing you and your partner with a higher level of certainty.

Without an agreement, the Court will rely on the principles in the Adult Interdependent Partnership Act, the Family Law Act, and the Family Property Act, which set out similar principles as those applicable to the division of divorcing couples’ assets. Our common-law separation page has more information on this.

A cohabitation agreement may also contemplate support. You and your common law partner may also be thinking about marriage. In some cases a cohabitation agreement can also be a prenuptial agreement.

Our family lawyers have extensive experience drafting and negotiating cohabitation agreements for couples in a wide range of scenarios, including:

  • high net-worth individuals
  • where there are children or a supported spouse from a prior relationship
  • business owners / self-employed
  • shareholder protection
  • late in life relationships

Starting with an individual consultation, we can develop a plan that’s right for you.

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