Marriage & Cohabitation in Ottawa, ON
Understanding a Cohabitation Agreement vs. Marriage in Ottawa, ON
Personal and financial matters can create conflict in a relationship – conflicts that are often difficult to resolve when times get tough. As an added layer of stability, many couples choose to enter into a marriage contract or cohabitation agreement. These domestic contracts help spouses finalize their rights and obligations while they build their lives together, and define the legal implications of a separation.
At AGB Lawyers, we help couples throughout Ottawa, ON understand the legal differences between cohabitation agreements vs. marriage contracts. Whether you plan to marry or live together in a common-law relationship, our family lawyers can draft legal arrangements that bring more certainty to your union.
What is Cohabitation Marriage?
Cohabitation marriage refers to a committed relationship where two people live together and share responsibilities without formalizing the partnership through a traditional wedding. A cohabitation agreement offers couples a way to establish shared finances, property division plans, and relationship expectations outside the framework of conventional marriage.
While common-law partners haven’t exchanged vows in a legal ceremony or obtained a marriage license, many aspects of cohabitation marriages can still be legally recognized under Canadian law. For example, in most provinces, couples who have lived together for three years or one year with a child in a permanent relationship may qualify as common-law partners, granting them specific rights and legal protections similar to married couples in some situations.
Cohabitation Marriage Law
Cohabitation agreements outline the spousal rights and responsibilities of partners in common-law marriages and cohabitation relationships. Common-law partners may create a legally binding agreement before cohabiting or within the course of their relationship.
While common-law partners may be entitled to spousal support, it’s important to note that property division laws do not entitle cohabiting partners to the same rights as married partners. If the relationship ends, common-law partners can draft a separation agreement outlining how assets and financial responsibilities are managed moving forward. It is highly recommended that you consult a family lawyer to ensure your contract meets legal standards.
The Benefits of Cohabitation Before Marriage
The concept of cohabitation before marriage is becoming increasingly common throughout Ontario. Living together can help partners assess their compatibility and find common ground in their objectives. From learning one another’s habits and values to building communication skills and economic responsibilities, cohabiting partners can experience the dynamics of sharing a home before tying the knot.
Couples can also address legal matters proactively by signing a cohabitation agreement. Common-law spouses may choose to determine how certain personal and financial aspects are handled during the relationship and outline the legal obligations toward another should they break up. By entering a cohabitation agreement, couples can put their intentions pertaining to spousal support, property rights, and asset ownership on paper regardless of their future marital plans.
Contact AGB Lawyers for Expert Legal Guidance
At AGB Lawyers, we specialize in creating strong, clear agreements to help clients protect their interests and plan for the future. If you have questions about marriage contracts, cohabitation agreements, or related legal matters, our experienced team is ready to assist you. Schedule a free consultation with one of our seasoned lawyers in Ottawa today to discuss your legal goals. We are here to provide trusted guidance and professional support.