What Is a Cohabitation Agreement and How to Get One With Legalhood

Unmarried couples who live together can sign various legal documents to benefit them, and a cohabitation agreement is one of them. Whether you’d like to secure your assets in case of separation or outline each other’s commitments, this agreement may be worth signing.

In this article, we explain what the cohabitation agreement encompasses, when you can sign it, and how Legalhood can help you make the process smoother. Let’s dive right in.

What Is a Cohabitation Agreement?

A cohabitation agreement is a written document between two people living together in a de facto union. You may also hear the denomination “de facto” union agreement referring to this document.

A cohabitation agreement is helpful in a range of decisions you have to make as a couple. Some of them include:

• How daily responsibilities will be shared during the time a couple lives together.
• Whether cohabitants will be able to represent each other in particular situations, such as healthcare proxying.
• Measures that apply in case of separation or death. This can be about property division, family mediator involvement, employment earnings division, support payment, etc.

In this agreement, de facto spouses can indicate how much each party will have to pay for grocery shopping, mortgage, rent payments, electricity bills, etc. It’s also possible to state how the couple will split debts in case of separation.

De facto spouses can come up with an agreement specific to their needs as long as it complies with the law. Each partner has obligations and rights that can be similar to those of married couples.

It’s possible to include the inventory of each spouse’s personal property as well as the debts. However, one such agreement isn’t a replacement for a will or a mandate given in incapacity anticipation.

In order to sign a cohabitation agreement, de facto spouses need to:

• Have the document drawn up by a lawyer or a notary.
• Draft the document together and sign it in the presence of two witnesses.

The cohabitation agreement comes into effect as soon as it’s signed by both parties.

Cohabitation Agreement Amendments

You may wonder whether it’s possible to amend a cohabitation agreement. This can indeed take place in one of the two scenarios:

• The amendment is drawn up by an advocate or a notary.
• The couple signs and drafts the new agreement together along with two witnesses, usually.

One couple can’t change the cohabitation agreement alone.

Cohabitation Agreement Cancellation

As far as cancelling this document is concerned, especially in case of separation, you must:

1. Get consent from the spouse to end the agreement.
2. Sign a new agreement saying that both spouses undertake not to apply the cohabitation agreement.

How Legalhood Can Help

Legalhood offers professional legal advice for all couples in the Ontario province who wish to sign a cohabitation agreement. The only requirement is that the other party must be willing to partake in the process, as the lawyers will invite them to join a video conference meeting.

All meetings are done online and according to your schedule for added convenience and flexibility.

The process starts by completing a smart form on Legalhood’s website. As long as you have an internet connection and a few minutes of your time, you’ll be good to go.

Then, the system sends the invitation to your partner. This happens via email or a call. They will have to fill out a form with their personal details.

When Legalhood collects information from both of you, you will be assigned a lawyer within three business days.

If you decide to proceed with the agreement, you will receive an email confirmation about the video conference that will take place with the lawyer. They will require some additional documents from you but also verify the information they have received so far.

Note that it’s important to have a well-functioning camera and microphone for the conference.

Finally, you will receive the cohabitation agreement at your email address along with an electronic signature request up to seven days after the video session.

Refunds

Note that we have a 48-hour grace period during which you can get a full refund up to 48 hours after completing the form on the website.

First Steps to Drafting a Cohabitation Agreement

Realizing the importance of a cohabitation agreement is the first step towards signing one. When an unmarried couple is ready to outline each other’s commitments, it can bring a sense of tranquility and stability into the relationship.

Luckily, the process isn’t complicated at all. Legalhood has the experts and lawyers to assist you through every step of the process. You don’t even have to spend a single dime on in-person meetings, gas, or take time off your schedule. You can get additional information about our services or start the process by visiting this page.