Are you and your partner living together but not married? If so, you may be considered common law partners in Canada. While you may not have a marriage certificate, it`s still important to have a legal agreement in place to protect both parties` interests should the relationship come to an end.
One way to solidify these arrangements is to create a common law partner agreement. This agreement, also known as a cohabitation agreement, outlines the rights and responsibilities of each partner in the relationship. It can include everything from the division of assets and debts to child custody and support.
The agreement also helps to clarify what constitutes the end of the relationship. Without such an agreement, it can be difficult to determine when the partnership officially ends. This can lead to drawn-out legal battles and emotional stress.
When creating a common law partner agreement, it`s important to be transparent and honest. Both partners should fully disclose their assets and debts, as well as any potential issues that may arise. This can include disagreements about financial matters or child-rearing decisions.
It`s also important to ensure that the agreement is legally binding. This means that it must include certain legal elements, such as consideration (i.e., something of value given in exchange for the agreement), and be signed by both parties.
While it`s possible to create a common law partner agreement on your own, it`s often best to consult with a lawyer. A lawyer can help you draft an agreement that meets your specific needs, ensure that it`s legally binding, and provide guidance throughout the process.
In conclusion, a common law partner agreement is a crucial document for any couple living together in Canada. It helps to protect both parties` interests and can provide peace of mind should the relationship ever come to an end. If you`re considering creating such an agreement, it`s important to be transparent, legally binding, and seek the assistance of a lawyer if necessary.