Many couples in British Columbia choose to live together without being married, but it’s vital to know what the law says about this. The BC Cohabitation Agreement is an important legal tool for couples in BC. While some refer to it as the BC Common Law Agreement, both terms actually refer to the same concept. Let’s talk about what this agreement entails and how it can help.
What is a BC Cohabitation Agreement?
A BC Cohabitation Agreement is a legal paper that spells out the rights and duties of each partner in a relationship that is not married. Most of the time, the couple writes this agreement before they move in together, although it can be made at any time during the relationship. The BC Cohabitation Agreement is meant to spell out what would happen to property, spousal support, and other things in case of separation.
A BC Cohabitation Agreement can deal with many different problems. For instance, it can say how the couple’s assets and debts would be split up if they break up and whether one partner will get spousal maintenance. This agreement can also say how costs will be split, which would safeguard both people in case of any legal problems in the future. Couples who have kids might also wish to add rules on who will take care of them and who will have custody of them.
Getting to Know the BC Common Law Agreement
The BC Cohabitation Agreement (also referred to by some as the BC Common Law Agreement) talks about the legal effects of living together in a common-law partnership in British Columbia. A common law relationship is one in which the couple has lived together for a set amount of time (usually two years or more) and meets other legal requirements.
Even though a BC Cohabitation Agreement isn’t a real written agreement like other contracts, it’s vital to know that common law partners enjoy many of the same legal rights as married couples. These rights include matters including property distribution, spousal support, and child custody, contingent upon the particulars of the relationship. However, these issues may be harder to work out upon separation if the couple doesn’t have a formal Cohabitation Agreement in place.
The Main Idea: The BC Cohabitation Agreement
Both the BC Cohabitation Agreement (or BC Common Law Agreement) is meant to cover legal rights and duties in a relationship that isn’t marriage. The key point is that it is a formal written contract.
One of the best things about a BC Cohabitation Agreement is that it lets couples set their legal rights and duties, which may not be achievable under common law. For instance, the Cohabitation Agreement can say how assets will be split up or whether one partner will get spousal assistance if they break up. On the other side, common-law couples who don’t have a legal agreement may have a harder time standing up for their rights or interests when they break up.
Why You Should Think About a BC Cohabitation Agreement
A lot of couples might not want to make a BC Cohabitation Agreement since they think it’s not needed or not romantic. Having a firm understanding might make both partners feel better. It sets clear expectations from the start and can help avoid fights if the relationship ends. A BC Cohabitation Agreement also makes sure that both people have a vote in how their property and assets will be split up if they break up. This can help them avoid long and expensive legal fights.
Conclusion
It’s important to know how BC Cohabitation Agreements (or BC Common Law Agreements) can protect your rights, whether you’re thinking about getting one or already have one. Both agreements help make the legal side of a non-marital partnership clearer, but a Cohabitation Agreement lets both couples write down their own rules, which makes them feel safer. If you live with someone in British Columbia and want to be sure your rights are protected, you should talk to a family law expert. For more information or to get started, go to Freedomfamilylaw.ca for experienced assistance that is specific to your situation.