Cohabitation agreements
Cohabitation agreements in Vancouver | Kovacs Family Law
Protect your future with a comprehensive cohabitation agreement
When you live with your partner without marrying, a cohabitation agreement offers essential legal protection for both parties. At Kovacs Family Law, our experienced Vancouver family lawyers help couples create customized contracts that clarify expectations and safeguard individual assets.
What is a cohabitation agreement?
A cohabitation agreement, also known as a living together agreement, is a legally binding contract between unmarried partners who live together or plan to do so. This legal document outlines how you will manage property, assets, debts and support during the relationship and after a separation.
Unlike married couples who have automatic property rights under BC’s Family Law Act, unmarried couples have fewer inherent protections. A well-drafted cohabitation agreement fills this gap by clearly defining each partner’s rights and responsibilities.
Who needs a living together agreement?
Before becoming common-law partners: In British Columbia, certain legal rights apply after living together for two years
Before moving in together: Start your life together with clear expectations
Early in your cohabitation: It’s never too late to create an agreement
When significant financial changes occur: Such as purchasing property or starting a business
When to create a cohabitation agreement
Anyone wanting to avoid potential disputes if the relationship ends
Couples moving in together for the first time
Partners bringing significant assets into the relationship
Individuals with business interests or investments
People who have children from previous relationships
Those who want clarity about financial responsibilities while living together
At Kovacs Family Law, we guide you through every step of the process. We ensure your cohabitation agreement is fair, comprehensive and legally sound.
Why create a cohabitation contract?
Protection of pre-existing assets
Clarify which assets remain individual property
Clear expectations
Define financial responsibilities during the relationship
Simplified separation
Establish a framework for division if the relationship ends
Reduced conflict
Minimize disputes with predetermined arrangements
Peace of mind
Move forward in your relationship with confidence
Cost savings
Avoid expensive litigation if separation occurs
What to include in your cohabitation agreement
For your agreement to be legally enforceable:
Division of property: How assets acquired during the relationship and before, will be handled
Debt responsibility: Who is responsible for existing and future debts
Pets: Ownership and care responsibilities for shared pets
Household expenses: How costs will be shared during the relationship
Support provisions: Whether spousal support would apply if the relationship ends
Estate considerations: Rights upon death of a partner
Dispute resolution: Process for resolving disagreements (mediation, arbitration)
Our Vancouver family lawyers customize your agreement to address your unique situation and concerns.
How to create a valid cohabitation agreement in BC
A thorough agreement typically addresses:
Full financial disclosure: Both parties must honestly disclose all assets and debts
Independent legal advice: Each partner should have their own lawyer review the agreement
Fair terms: The agreement must be reasonable and not grossly one-sided
Proper execution: The document must be signed, witnessed and dated correctly
Regular reviews: Update the agreement as your circumstances change
Frequently asked questions
Is a cohabitation agreement the same as a prenuptial agreement?
A cohabitation agreement is for unmarried couples living together, while a prenuptial agreement is for those planning to marry. If cohabiting partners marry, they can convert their cohabitation agreement into a marriage agreement.
Can we write our own cohabitation agreement?
Though technically possible, self-drafted agreements often lack essential elements that make them legally enforceable. Professional legal guidance ensures your agreement will be valid if challenged in court.
How much does a cohabitation agreement cost?
The investment in a professionally drafted agreement typically ranges from $XXXX to $XXXX, depending on complexity. This is significantly less than potential litigation costs if disputes arise without an agreement in place.
Can you change a cohab agreement?
Yes, you can and should update your agreement as your circumstances change. Major life events like having children, purchasing property or career changes often warrant revisions to your original agreement.
Get expert help with your cohabitation agreement
Free initial consultation
If you’re considering a cohabitation agreement, reach out to Kovacs Family Law to explore your options. Our initial consultation provides clarity and practical first steps to help you create a fair and comprehensive agreement.
During your free consultation with one of our family lawyers, we will:
- Explain the purpose and benefits of a cohabitation agreement
- Listen to your specific concerns and relationship goals
- Outline key legal considerations and common provisions
- Discuss our collaborative approach to drafting customized agreements
- Provide a transparent fee structure and typical timeline
- Answer any immediate questions you have about the process
Take the first step toward protecting your future with confidence.
Contact Kovacs Family Law today at 604-642-6362 or complete our online form to schedule your free consultation.