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Cohabitation Agreement: Know Everything in Details

Cohabitation Agreement: Know Everything in Details

In our modern society, cohabitation agreements are becoming more and more popular. Especially among the young generation, it is widely common to go for a cohabitation agreement. Basically, it refers to an agreement where a couple chooses to live together before their marriage.

There are plenty of reasons for living together before marriage. A cohabitation agreement helps a couple with their financial hardship, ownership, and even child support. But this kind of agreement is completely different from a civil partnership or marriage partnership.

So, in this article, we are going to explore everything about cohabitation agreements in detail. Keep reading the entire article to explore more.

What is a Cohabitation Agreement?

In simple words, this term refers to an agreement where two or more adult people decide to live together as a couple before any marriage contract. However, a cohabitation agreement also deals with certain rights and responsibilities between both parties. When a couple intends to live together, they have to go through some financial arrangements. And this will also fall under the cohabitation agreement.

Every cohabitation agreement is not the same. Different situations and circumstances can make the agreement slightly different. It also depends on the basic needs and the standard of living of a couple. When a couple agrees upon such an agreement, it records all the important facts about the ownership of properties. It also has some arrangement coverage, such as child support, shared debts, household costs, etc.

Advantages of a cohabitation agreement

There are so many advantages and benefits to a cohabitation agreement. When you are in a breakdown of a relationship or planning to minimize your living costs,  a cohabitation agreement can be a very good option for you. It can give you financial support and some peace of mind. Below are some advantages of the cohabitation agreement:

  • This agreement helps to record all the legal rights and ownership of a couple in their property. It also reduces the litigation costs and ownership disputes among the couple.
  • This agreement will also help to provide flexibility in the financial arrangement for a couple.
  • After a divorce or breakdown of a relationship, a cohabitation agreement can help both of you in financial hardship when a couple struggles with their financial stage.
  • A cohabitation agreement plays a very useful role in household costs, child support, or even other daily costs. It works as a safeguard for your financial security. It will also ensure the rights of your children in the future.

Cohabitation Agreement vs. Marriage or Civil Partnership

Generally speaking, marriage or civil partnership is a far stronger partnership and legal right than a cohabitation agreement. Because in a civil partnership, a couple has an equal share in their joint property. Whereas the cohabitation agreement does not have this option to share the joint assets.

Also, when a couple is married, it will fall under family law. And if a marriage breaks down or a couple wants to get separated, then the law will provide financial or spousal support. So it can be said that a civil partnership is more protective and secure than a cohabitation agreement.

So in some cases, a cohabitation agreement is a better option. And also, for certain situations, marriage or civil partnership is better. Therefore, it can be an endless debate. Nonetheless, a couple will decide which one they should go for. Both have some good and some downsides. So, the circumstances or situation of a couple will guide them on what you should go for.

Coverage of the cohabitation-agreement

The best part of a cohabitation agreement is that a couple has some option to choose exactly what exactly they want in their cohabitation agreement. And they have to choose it during the process of the agreement. But some fundamental factors will always come in your cohabitation agreement. There are given in the following:

Property ownership

If you live in your own home, then after the breakup, the other partner has no right to live in that home. If the other partner pays for your home maintenance costs and mortgage, then again, according to the law, they have no right to stay in your home after the separation.

In some cases, there are some exceptions. If both of you agree on property ownership during the cohabitation agreement, then the other partner will have the legal right to access your property. Also, you can share your property with your partner.

The legal rights of your shared property may change over time when you want to contribute to the maintenance cost to access the property. You also need to make sure that you have legal rights to access that property in the future. You have to keep certain factors in mind. They are;

  • Property ownership for the parent who will look after the child (i.e., custodial parent)
  • If one of you dies or is injured, then who will take ownership of that property.
  • If any of you find them in financial hardship, then how are they going to contribute to the mortgage.
  • How will the shared loan or shared property be divided after the separation?

Hold the ownership

Suppose you live in your own home with your partner. Then it is always better to hold your homeownership as a tenant in common. This is a very good option that will give you the flexibility and the proper legal right to hold your own. So, if you and your partner separate, then you can easily access your own home.

In some cases, you already have a cohabitation agreement regarding your property rights. Then again, it is a good idea to hold your property ownership as a tenant in common. This will not only give you the flexibility to leave your property but there are so many advantages for the tenant in common.

Asset division

In some cases, property division is quite easy. For example, bank savings or physical money. But some possessions are really hard to divide. For example, if you inherited any furniture before your marriage, then it will be a bit hard to divide that property after the separation.

Not only this, but if you guys have any insurance policies or pensions, then after the separation, it is also quite complex to divide those assets. That is why, if you guys have a cohabitation agreement before living together, then it will be easier for both of you to get your wealth.

Maintenance costs

This is one of the best parts of a cohabitation agreement. Even if a couple is not married, then again, they have to bear some monthly maintenance costs. Both of you guys decide who will pay the monthly maintenance costs if you guys live together.

And this process under the cohabitation agreement is much easier than in any civil partnership. But it is always recommended to split up the payment between you and your partner so that it can be easier and safer for both of you guys in any circumstances.

Child support

Perhaps you guys do not have any children now, but that doesn’t mean that you guys will not have a child in the future. That is why the cohabitation agreement also covers child support. If a couple is not married, then the biological mother will get primary child support or all the custodial rights.

When the child grows up, then that child’s best interests, educational expenses, and other expenses will be considered. In such a situation, both parents need to contribute to that child’s support, depending on their financial stability and income.

Insurance settlement

A cohabitation agreement also covers all the benefits of an insurance settlement. Especially when one partner is severely injured or dead in an accident, the insurance company will most likely provide compensation for the loss. But when a couple is not married or is not in a civil partnership,

Then it is quite hard for them to prove that they were living together. That is why a cohabitation agreement makes it so easy. Even if you guys have any shared business, under the cohabitation agreement, your insurance company will also provide a settlement for any losses.

Cost of cohabitation-agreement

The cost of a cohabitation agreement will completely depend on the couple. Typically, the cost will depend on how they want to live, how they want to pay their maintenance costs, some legal processes, and so on. The overall cost of a cohabitation agreement can be somewhere between $700 and $2000.

Additionally, a cohabitation agreement is much more cost-efficient than a civil partnership. But there are some exceptions too. In some cases, the costs of a cohabitation agreement can be higher than those of a normal civil relationship. And it will completely depend on how a couple wants to live together.

The bottom line

Whenever a couple wants to go for a cohabitation agreement, they need to follow certain legal processes and rules to get it done. But sometimes, it may seem difficult for some people, especially those who haven’t dealt with such a situation before.

That is why seeking help from a professional lawyer is highly recommended. If you are stuck in any step or need any additional assistance, then a lawyer can help you in this regard. Hopefully, this writing helped you to understand everything about the cohabitation agreement in detail.

What is a cohabitation agreement in Saskatchewan?

A cohabitation agreement in Saskatchewan is a legal document that outlines the rights and responsibilities of couples who live together but are not married. It addresses issues such as property division, financial support, and other matters in the event of separation or the end of the relationship.

How legally binding is a cohabitation agreement?

Your agreement can be legally enforceable if it's in writing, signed by both parties, and witnessed. However, for added assurance that your partner won't contest the agreement later on, it's highly recommended that both of you seek independent legal advice. This helps ensure the agreement's validity and reduces the likelihood of future challenges.

How long do you have to live together to be common law in Saskatchewan?

In Saskatchewan, you're considered common-law partners after living together in a relationship for at least two years. However, this period may vary depending on the situation, such as having a child together.

Do cohabiting couples have the same rights as married couples?

Cohabiting couples in Saskatchewan do not have the same legal rights as married couples. Property division and financial rights may differ unless specified in a cohabitation agreement.

Can you draft your cohabitation agreement?

Yes, you can draft your cohabitation agreement in Saskatchewan. However, it's highly recommended to seek legal advice to ensure it's comprehensive, legally sound, and meets the requirements of the law.

Do you need a lawyer for a cohabitation agreement?

While it's not mandatory to have a lawyer for a cohabitation agreement in Saskatchewan, having legal counsel can be highly beneficial. A lawyer can ensure the agreement is fair, comprehensive, and legally enforceable, reducing the risk of future disputes.

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