Cohabitation Agreements
Cohabitation Agreements in Vernon, BC
A cohabitation agreement, sometimes referred to as a prenuptial agreement or “prenup,” is a legally binding contract between partners. It sets out clear terms for property ownership, financial responsibilities, and asset protection, providing certainty both during the relationship and in the event of separation.
At Kidston Helm Ross, our family law lawyers help couples create thoughtful, enforceable agreements tailored to their circumstances and compliant with British Columbia law.
Why consider a cohabitation agreement?
A cohabitation agreement allows couples to make informed decisions about their financial future before disputes arise. It can help:
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Clarify ownership of property brought into the relationship
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Set expectations for how assets acquired during the relationship will be treated
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Address responsibility for debts
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Protect business interests or inheritances
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Reduce uncertainty and potential conflict if the relationship ends
Having these matters clearly addressed in advance can prevent misunderstandings and provide peace of mind.
When to put an agreement in place
Cohabitation agreements are often appropriate for couples who:
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Are planning to move in together
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Are preparing to marry
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Own significant assets, property, or business interests
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Are entering a second relationship with existing financial obligations
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Wish to protect inheritances, investments, or family assets
While many couples put an agreement in place before moving in together or marrying, it is also possible to enter into a cohabitation agreement after you are already living together.
Independent legal advice
For a cohabitation agreement to be enforceable, each partner should receive independent legal advice. We ensure that you understand your rights and obligations before signing and that the agreement meets the legal requirements in British Columbia.
If you are considering a cohabitation agreement, our family law team can guide you through the process and help you establish clear, practical terms that reflect your goals.
Questions & Answers
Here are some common questions you may have when considering a cohabitation agreement
How do I know if I need a cohabitation agreement?
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A cohabitation agreement is sometimes referred to as a "prenuptial agreement" or "prenup." These types of agreements are used by couples before marriage or becoming common law spouses. The reason a couple would enter into such an agreement is to provide certainty regarding what would happen if the couple separated in the future. If they do separate, the cohabitation agreement will dictate how their assets and debts are divided and issues of support are determined. The cohabitation agreement governs the terms of the separation, instead of the Family Law Act and/or Divorce Act.
The most common reason why a couple signs a cohabitation agreement is to protect their separate property, assets, and income, so that each person's property going into a relationship is preserved and stays theirs if the relationship comes to an end.
What happens if we separate, and we don't have a cohabitation agreement?
If you do not have a signed cohabitation agreement, the default rules in BC's Family Law Act and/or the Divorce Act will automatically apply should your relationship come to an end.
Should I have my lawyer draft a cohabitation agreement if l haven't already discussed with my spouse/partner how we would want to divide certain assets if we ever do separate?
Probably not. A cohabitation agreement is just what it says it is... an agreement. In order to make an agreement, both parties must agree on all of the terms in the agreement. Accordingly, having your lawyer draft a cohabitation agreement before you and your spouse/ partner have agreed on how to divide certain assets is likely not appropriate. You must first reach a mutual understanding with your spouse partner about the assets you each want to protect, then a cohabitation agreement can be prepared
What information do my spouse/partner and I need to exchange when doing a cohabitation agreement?
Our firm will work with you to collect a host of financial and personal information when we open your file. Typically, we request tax returns, bank account numbers and balances, pension statements, details of any owned properties, credit card numbers and balances, and credit balances- including mortgages. The quicker you can provide the requested information to us, the easier it is for us to draft the agreement.
Once the agreement is drafted, and I approve it to be sent to my spouse/partner, what guarantee do I have that they will sign it?
Zero. There is no guarantee that your spouse / partner will sign the agreement. They are welcome to hire their own lawyer to review the agreement. If they hire a lawyer, then the lawyer may request changes to the agreement and begin a process of negotiating the terms in the agreement. Even if your spouse/partner doesn't hire a lawyer, they may still request changes in the agreement and seek to negotiate revisions to it. However, if you and your spouse / partner have put in the work up front to discuss what you both want out of the agreement and you have a mutual understanding of what the agreement will say, then any requested changes to the agreement will likely be limited and nominal.