The Divorce Cohabitation Agreement is a specialized legal document used in Canadian jurisdictions when separating spouses need to continue living together for practical or financial reasons while proceeding with their divorce. This situation has become increasingly common due to housing costs and other economic factors. The agreement provides a framework for managing the complex dynamics of separated spouses sharing living space while protecting their legal and financial interests. It addresses immediate practical concerns such as expense sharing and living arrangements, while also establishing longer-term divorce terms including property division and support obligations. The document must comply with the federal Divorce Act and relevant provincial/territorial family law legislation, requiring careful drafting to ensure enforceability. It's particularly relevant in urban centers where housing costs may necessitate continued cohabitation despite relationship breakdown.
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1. Parties: Identification and details of both parties entering into the agreement
2. Background: Context of the relationship, including marriage date, separation date, and reason for the agreement
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Living Arrangements: Details of current and future living arrangements during the separation period
5. Division of Property: Comprehensive arrangement for division of family property, including the matrimonial home
6. Financial Obligations: Details of ongoing financial responsibilities, including bill payments and joint accounts
7. Spousal Support: Terms and conditions of spousal support, including amount, duration, and review conditions
8. Child Custody and Access: Arrangements for children, including residence, decision-making authority, and parenting schedule
9. Child Support: Details of child support obligations, including special expenses and medical costs
10. Dispute Resolution: Process for resolving future disputes, including mediation and arbitration procedures
11. Amendment and Termination: Conditions under which the agreement can be modified or terminated
12. Governing Law: Specification of applicable jurisdiction and governing law
13. Independent Legal Advice: Confirmation that both parties have received independent legal advice
14. Execution: Signing and witnessing requirements
1. Business Interests: Section dealing with division or management of jointly owned businesses or professional practices
2. International Assets: Provisions for assets held outside Canada and international enforcement
3. Pets and Animals: Arrangements for care and custody of family pets
4. Insurance Provisions: Requirements for maintaining life, health, or disability insurance
5. Estate Planning: Provisions relating to wills, inheritance, and estate planning
6. Religious Obligations: Specific provisions related to religious divorce requirements or obligations
7. Digital Assets: Division and management of digital assets and online accounts
8. Educational Expenses: Specific arrangements for children's future educational expenses
1. Schedule A - Financial Disclosure: Detailed financial statements from both parties including assets, liabilities, and income
2. Schedule B - Property Inventory: Comprehensive list of family property with agreed values
3. Schedule C - Parenting Schedule: Detailed calendar of parenting time and special occasions
4. Schedule D - Support Calculations: Detailed calculations for child and spousal support amounts
5. Schedule E - Insurance Policies: List of insurance policies and beneficiary designations
6. Schedule F - Pension and Retirement Accounts: Details of pension division and retirement account arrangements
7. Appendix 1 - Certificate of Independent Legal Advice: Signed certificates from lawyers confirming independent legal advice
8. Appendix 2 - Valuations: Professional valuations of significant assets like businesses or real estate
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