Do You Need a Cohabitation Agreement :

You're committed, you're moving in together and you're blending your households. But are you forgetting something?Many Canadians find themselves in common-law relationships and think that they aren't any different from a legal marriage. It can be a shock to find out that, when the going gets tough, certain rights under the law-not to mention financial obligations-do or do not apply. For instance, if one common-law partner becomes seriously ill or passes away, will the other be able to access joint bank accounts? Their shared home? What happens if there is no will? And what about the kids?These are some of the many serious questions that couples need to consider before sharing their lives, all of which can be addressed in a cohabitation agreement. A cohabitation agreement allows a couple to make sure their partner and any children are taken care of in times of need or crisis; that ownership in properties or financial resources are clear, combined, separated or protected. Most of all, these contracts allow for the peace of mind that comes with having a game plan in place should the relationship end due to death or separation.Take the advice of Michael Cochrane, a lawyer with more than 30 years of experience, and consider the numerous issues that can affect a common-law relationship. Do We Need a Cohabitation Agreement? is written in clear, nontechnical language and includes real-life examples based on Canadian cases. Cochrane addresses critical issues such as wills and estates, powers of attorney, the special concerns of step-families and same-sex couples, and how to have this discussion with your partner. It will also help you work in a cost-effective way with a lawyer should you decide that an agreement will benefit your relationship.This is your future together. Get it right from the very beginning.

Michael G. Cochrane, LL.B., has been practicing law in Ontario for 30 years and is a partner with the firm Ricketts, Harris LLP. He is the author of a number of books including Surviving Your Divorce: A Guide to Canadian Family Law, Do We Need a Marriage Contract? Understanding How a Legal Agreement Can Strengthen Your Life Together; Family Law in Ontario: A Practical Guide for Lawyers and Law Clerks; and Strictly Legal: Things You Absolutely Need to Know about Canadian Law. Mr. Cochrane has hosted Strictly Legal, a legal affairs show on BNN and has appeared as a guest legal expert on many radio and TV programs. He writes a regular column for Zoomer magazine and speaks frequently on a variety of legal topics to average Canadians.

Acknowledgements	p. ix
Caution about Legal Information	p. xi
Is this book for you?	p. 1
A Real-and Revealing-Case	p. 1
Why Canadians Live Common Law	p. 3
I reject the idea of marriage on principle	p. 4
I want to give the relationship a trial run before deciding on marriage	p. 4
I experienced a bad divorce in the past and just want to avoid the possibility of that happening again	p. 5
I cannot get married because there is a legal impediment to doing so	p. 5
If I marry, I will lose a benefit that I need	p. 5
Things are going fine-why would I rock the boat?	p. 6
Terminology	p. 6
How Many Canadians Live Common Law?	p. 8
Eyes Wide Open: Due Diligence and Relationship Building	p. 11
Why Due Diligence?	p. 11
Your Partner's Health	p. 12
Criminal Problems	p. 14
Financial Problems	p. 15
Relationship Building	p. 17
What Makes for a Mature Relationship?	p. 18
Have Realistic Expectations	p. 23
Have Good Problem-Solving Skills	p. 28
Ten Elements of Good Problem Solving	p. 28
Rights and Responsibilities to Each Other While Living Together	p. 33
When Does Cohabitation Begin?	p. 33
What about Having Children?	p. 36
What about Property?	p. 40
What about Income and Expenses?	p. 40
What about Medical/Dental Health Benefits?	p. 41
What about Income Tax Returns?	p. 42
What about Wills and Powers of Attorney?	p. 42
The Legal Consequences of Living Common Law: Rights and Responsibilities if You Separate	p. 45
When Does Cohabitation End?	p. 46
What Happens if We Have Children and Separate?	p. 49
What Happens if We Have Children Who Need Financial Support?	p. 52
What Happens to Property We Owned before We Began Living together?	p. 56
What Happens to Property We Acquired While Together?	p. 61
What if One of Us Needs Financial Support After Separation?	p. 62
What if We Move While Living Common Law?	p. 65
Are There Time Limits for Bringing a Claim?	p. 65
The Legal Consequences of Living Common Law	p. 67
Rights and Responsibilities if One of You Dies, Is Injured or Becomes Ill	p. 67
Some Common Scenarios	p. 67
Joint Property	p. 68
Joint Accounts	p. 68
Having a Will and Not Having a Will	p. 70
Powers of Attorney for Personal Care and Property	p. 72
Support	p. 73
Creating Your Own Set of Rights and Obligations	p. 75
An Overview of a Cohabitation Agreement	p. 75
Providing for Children	p. 76
Biological Children of the Couple	p. 77
A Specific Formula for Childcare When a Career Change Arrives	p. 79
Spousal Support, Releases, and Sunset Clauses	p. 79
Providing for Your Support	p. 80
Providing for Death, Injury, or Illness	p. 84
What about Your Property?	p. 87
Sunset Provisions and Termination Clauses	p. 94
Managing Household Budgets and Other Matters	p. 94
What if We Get Married After Signing a Cohabitation Agreement?	p. 96
Conditional Gifts from Third Parties	p. 97
Contracts Made Outside Ontario	p. 97
Minors and the Mentally Incapable	p. 98
Breakup to Makeup: Reconciliation	p. 98
Enforcement of the Cohabitation Agreement	p. 99
Dispute Resolution	p. 100
Having ôThe Conversationö	p. 105
The ôDo'sö	p. 106
Do Have a Purpose and Make a Plan	p. 106
Do Have an Answer to the Question, ôWhy do we Need a Cohabitation Agreement?ö	p. 107
Do Give Yourself Enough Time	p. 107
Do Use the Conversation as an Opportunity to Discuss the Need for Wills, Powers of Attorney, and Insurance	p. 108
Do Keep It Simple	p. 109
Do Be Fair and Respectful	p. 109
The ôDon'tsö	p. 110
Don't Present Your Partner with a Draft Contract	p. 110
Don't Mention Lawyers	p. 111
Don't Rush the Discussion	p. 111
Don't Present a One-Sided Option	p. 111
Don't Blame It on Other People	p. 112
What if You're Already Living Together?	p. 113
The Role of Your Lawyer	p. 117
Why Do People Fear Hiring a Lawyer?	p. 117
Cost	p. 118
Control	p. 118
Why Do You Need a Lawyer?	p. 119
Why Do You Need a Lawyer with Family Law Experience?	p. 120
Choosing Your Lawyer and Managing the Relationship	p. 121
Buying Some Advice, but Not Independent Legal Advice	p. 123
Using a Mediator	p. 123
Signed, Sealed, and Delivered	p. 125
The Three ôMust-do'sö	p. 125
The agreement must be in writing	p. 125
Both parties to the contract must sign it	p. 126
Signature must be witnessed	p. 127
Obtain Independent Legal Advice	p. 128
Doing It Yourself	p. 130
How to Ruin Your Cohabitation Agreement	p. 130
Some Tips for Negotiating and Drafting Cohabitation Agreements	p. 141
Same-Sex Couples	p. 145
Getting married is the Easy Part	p. 145
Sperm Donation	p. 146
Same-Sex Families, Adoption, and Sperm Donors	p. 146
Transgendering	p. 147
Let's Look at an Annotated Cohabitation Agreement	p. 149
Cohabitation Agreement	p. 150
Separation Agreement with Former Spouse (if this Applies)	p. 153
Ownership and Division of Property	p. 153
Support	p. 161
Release of Spouse Support	p. 162
Certificate of Independent Legal Advice	p. 172
Appendices	p. 175
My Cohabitation Agreement Worksheet - What I Own and What I Owe	p. 176
Our Cohabitation Agreement Schedules A and B	p. 178
Some Considerations and Key Document Checklist	p. 180
Table of Common-Law Rights and Responsibilities	p. 183
Consent for Disclosure of Criminal History Information	p. 185
Permission to Conduct Credit References	p. 187
Index	p. 189
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Do You Need a Cohabitation Agreement : Understanding How a Legal Contract Can Strengthen Your Life Together

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