A Living Together Agreement is essential for common-law partners in Canada who wish to clearly define their rights and obligations during their cohabitation and in the event of relationship breakdown. This document is particularly important given that common-law partners' rights vary significantly by province and generally do not have the same automatic protections as married couples. The agreement typically covers property division, financial responsibilities, support obligations, and living arrangements. It's recommended for couples planning to cohabit or already living together, especially those with significant assets, children from previous relationships, or business interests. The document should be drafted with consideration of specific provincial legislation, as common-law relationship rights differ across Canadian jurisdictions. Independent legal advice is strongly recommended for both parties before signing.
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1. Parties: Identification and details of both parties entering into the agreement
2. Background: Context of the relationship, date of cohabitation commencement, and purpose of the agreement
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Living Arrangements: Details of shared residence, ownership/rental arrangements, and household responsibilities
5. Financial Arrangements: Day-to-day financial responsibilities, joint accounts, bill payments, and expense sharing
6. Property Rights: Current property ownership, future property acquisition rules, and property division principles
7. Debts and Liabilities: Treatment of existing and future debts, joint and individual financial obligations
8. Relationship Breakdown: Process and arrangements in case of separation, including dispute resolution mechanisms
9. Death Provisions: Rights and obligations of surviving partner in the event of death
10. Amendment and Review: Process for modifying the agreement and periodic review requirements
11. Governing Law: Specification of applicable jurisdiction and legal framework
12. Severability: Clause ensuring remaining provisions stay valid if any part is found unenforceable
13. Execution: Signing requirements and declaration of independent legal advice
1. Children: Arrangements for existing children or future children, including financial responsibilities and living arrangements. Include when either party has or plans to have children.
2. Pets: Ownership, care responsibilities, and arrangements in case of separation. Include when couples have or plan to have pets.
3. Business Interests: Protection and treatment of business assets and income. Include when either party owns a business or plans to start one.
4. Support Obligations: Partner support arrangements in case of separation. Include when there's significant income disparity or anticipated future dependency.
5. Inheritance Rights: Specific provisions about inheritance beyond basic death provisions. Include when there are significant family assets or complex estate matters.
6. Cultural or Religious Considerations: Specific arrangements related to cultural or religious practices. Include when parties have specific cultural or religious requirements.
7. Intellectual Property: Treatment of intellectual property created during cohabitation. Include for couples in creative professions or academic work.
8. Insurance Arrangements: Requirements for life, health, or property insurance. Include when specific insurance coverage is important to the relationship.
1. Schedule A - Financial Disclosure: Detailed list of each party's assets, liabilities, and income at the time of agreement
2. Schedule B - Property Inventory: Detailed list of shared and individual property owned at the time of agreement
3. Schedule C - Household Expenses: Breakdown of shared household expenses and contribution arrangements
4. Schedule D - Pre-existing Assets: Detailed inventory of assets owned by each party before cohabitation
5. Schedule E - Excluded Property: List of property specifically excluded from shared ownership or division
6. Appendix 1 - Independent Legal Advice Certificates: Certificates from lawyers confirming each party received independent legal advice
7. Appendix 2 - Proof of Income: Current income verification documents for both parties
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