Cohabitation Agreement - Template, Sample Form Online Pro · EN-CA-law
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COHABITATION AGREEMENT
(Domestic Contract pursuant to the Family Law Act)
THIS COHABITATION AGREEMENT is made as of ________.
BETWEEN:
________
of ________
(hereinafter the "First Partner")
OF THE FIRST PART
- AND -
________
of ________
(hereinafter the "Second Partner")
OF THE SECOND PART
(hereinafter collectively referred to as the "Parties" and each individually a "Party")
RECITALS
WHEREAS the Parties commenced cohabitation, or intend to commence cohabitation, in a conjugal relationship on or about ________;
AND WHEREAS the Parties are each over the age of eighteen (18) years, are of sound mind, and are legally entitled to enter into this Agreement;
AND WHEREAS the Parties wish to enter into this Agreement as a cohabitation agreement within the meaning of section 53 of the Family Law Act, R.S.O. 1990, c. F.3, as amended, to provide for their respective rights and obligations during cohabitation and upon the breakdown of their relationship, the cessation of cohabitation, or death;
AND WHEREAS this Agreement is intended to govern the ownership and division of all current and future property of the Parties, whether solely or jointly owned, and the rights and obligations of the Parties as to support;
AND WHEREAS each Party has had the opportunity to obtain independent legal advice, has made full and frank financial disclosure to the other, and enters into this Agreement freely and voluntarily;
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the Parties agree as follows:
§ 1. GOVERNING LAW AND STATUTORY FRAMEWORK
1.1 This Agreement is a domestic contract and, more particularly, a cohabitation agreement within the meaning of section 53 of the Family Law Act, R.S.O. 1990, c. F.3, as amended (the "Act").
1.2 This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of ________ and the laws of Canada applicable therein, and the Parties attorn to the exclusive jurisdiction of the courts of that Province.
1.3 The Parties intend that this Agreement shall, to the fullest extent permitted by law, displace and exclude the property-equalization, support and other rights and remedies that would otherwise be available to them under the Act or any successor or analogous legislation, the common law, or principles of equity, save and except those matters which by law cannot be the subject of a domestic contract.
§ 2. STATUS AND COHABITATION
2.1 The Parties acknowledge that they are cohabiting, or intend to cohabit, in a conjugal relationship outside of marriage.
2.2 In the event the Parties marry one another, the Parties agree that this Agreement shall, pursuant to subsection 53(2) of the Act, be deemed to be and continue as a valid and binding marriage contract, except as otherwise provided herein and subject to the rights respecting the matrimonial home that cannot be released in advance of marriage.
2.3 Nothing herein shall be construed as a contract to marry or to continue to cohabit, and neither Party shall be obliged to marry or to continue cohabitation.
§ 3. CHILDREN
3.1 The Parties have the following child(ren) of their relationship:
________, born on ________.
3.2 Nothing in this Agreement shall be construed to limit, prejudice or determine any matter respecting the custody, decision-making responsibility, parenting time, care or support of any child of the Parties, all of which shall be determined in accordance with the best interests of the child as required by law.
§ 4. FAMILY RESIDENCE
4.1 The residence the Parties occupy or intend to occupy as a family residence is municipally known as (or any residence substituted therefor):
________
4.2 The Family Residence is registered in the name of ________.
4.3 During cohabitation, and subject to any change in the Parties' respective incomes, the mortgage payments in respect of the Family Residence shall be made by the ________.
4.4 During cohabitation, and subject to any change in the Parties' respective incomes, the carrying costs of the Family Residence, including property taxes, insurance and utilities, shall be paid by the ________.
4.5 Upon the breakdown of the relationship or the cessation of cohabitation, the Family Residence shall be retained for the exclusive possession and sole ownership of the ________. The other Party releases all right, title and interest the other Party may now or hereafter have in the Family Residence, and the retaining Party shall indemnify and save harmless the releasing Party from and against all obligations and expenses arising out of or relating to the Family Residence from the date of separation.
4.6 The Family Residence is subject to a mortgage registered on title in the principal amount of $________ (________). The ________ shall be responsible for the mortgage payments and, upon separation, for the carrying costs of the Family Residence, including property taxes, insurance and utilities.
§ 5. OTHER REAL PROPERTY
5.1 The Parties own the following additional real property, together with any real property substituted therefor, which shall be deemed to form part of this Agreement:
________
5.2 Upon the breakdown of the relationship, the cessation of cohabitation, or the disposition of the said property, all right, title and interest therein shall be exclusively possessed and solely owned by the ________, and the other Party releases all interest the other Party may have therein pursuant to the Act or otherwise.
5.3 The said property is subject to a mortgage registered on title in the principal amount of $________ (________). The ________ shall be responsible for the mortgage payments in respect thereof.
§ 6. ADDITIONAL ASSETS
6.1 Motor Vehicle
The Parties own the following motor vehicle:
________
All interest in and sole possession of this motor vehicle shall be held by the ________, and the other Party releases all interest the other Party may have therein pursuant to the Act or otherwise.
6.2 Off-Road Vehicle
The Parties own the following off-road vehicle:
________
All interest in and sole possession of this off-road vehicle shall be held by the ________, and the other Party releases all interest the other Party may have therein pursuant to the Act or otherwise.
§ 7. PERSONAL CHATTELS AND FURNISHINGS
7.1 Upon the breakdown of the relationship or the cessation of cohabitation, all personal property, furnishings, household effects and other chattels, whether owned now or in the future, shall be owned by the Party who purchased the same. Any items acquired jointly shall be divided equally or, failing agreement, sold and the net proceeds divided equally between the Parties.
§ 8. BANK ACCOUNTS AND FINANCIAL INSTRUMENTS
8.1 The Parties maintain the following bank or financial account(s):
________
8.2 Upon the breakdown of the relationship or the cessation of cohabitation, all funds held in any account registered in the sole name of a Party shall belong solely to that Party, and each Party releases all interest the Party may have in the accounts held in the name of the other Party pursuant to the Act or otherwise.
8.3 Any account held jointly by the Parties shall be divided equally between them as of the date of separation, and each Party shall be entitled to one-half of the funds held therein.
§ 9. GIFTED AND INHERITED PROPERTY
9.1 Any property received by either Party by way of gift, testamentary disposition or inheritance from any third party, together with the income from and property substituted for such property, shall be traced and kept separate and apart and shall belong solely to the Party receiving the same, and shall be excluded from any division of property under this Agreement or the Act.
9.2 Nothing in this Agreement shall prevent either Party from making voluntary gifts or testamentary dispositions to the other Party, and any such gift shall not form part of any division of assets described herein.
§ 10. FINANCIAL DISCLOSURE
10.1 Each Party has made full and frank disclosure to the other of all significant assets and liabilities and of all significant income, the particulars of which are set out in the schedules of financial disclosure exchanged between the Parties and acknowledged by each of them.
10.2 Each Party acknowledges that the Party has had the opportunity to investigate the financial circumstances of the other Party, is satisfied with the disclosure made, and enters into this Agreement on the basis of such disclosure.
10.3 The Parties acknowledge that the provisions of this Agreement respecting the division of property are fair and reasonable and that neither Party shall set aside or vary any term of this Agreement on the ground that disclosure was not full or that sworn financial statements were not exchanged, save to the extent that a court may set aside the Agreement under section 56 of the Act.
§ 11. PROPERTY RELEASE
§ 12. SPOUSAL SUPPORT
12.1 Upon the breakdown of the relationship or the cessation of cohabitation, the ________ shall pay support to the other Party in the amount of $________ (________) per month for a period of ________, after which payments shall cease.
12.2 Payments shall commence on the first day of the month following the cessation of cohabitation and shall continue on the first day of each month thereafter for the period stated above.
12.3 The support payments shall terminate upon the first to occur of the following events:
(i) the marriage or remarriage of the Party receiving support;
(ii) the cohabitation of the Party receiving support in a conjugal relationship for a continuous period exceeding two (2) years;
(iii) the involuntary loss of employment by the paying Party;
(iv) a disability that materially compromises the paying Party's ability to earn income;
(v) the death of either Party.
12.4 The Parties acknowledge that they have considered the Spousal Support Advisory Guidelines and the factors set out in the Act, and confirm that the provisions of this section are fair and reasonable having regard to their circumstances.
§ 13. CHILD SUPPORT
13.1 The Parties acknowledge that a child of the relationship is entitled to support and that the right of a child to support may not be waived or limited by this Agreement.
13.2 The ________ (the "Paying Party") shall pay child support to the other Party (the "Receiving Party"), commencing on the first day of the month following the cessation of cohabitation, in the amount determined in accordance with the Child Support Guidelines made under the Family Law Act (Ontario), or the Federal Child Support Guidelines where applicable, based upon the Paying Party's income and the number of children.
13.3 In respect of a child who has attained the age of majority, the quantum of support shall be determined having regard to:
(i) the child's income-earning capacity;
(ii) any illness or disability;
(iii) any scholarships, loans and bursaries received if enrolled at a post-secondary institution;
(iv) the child's overall dependency.
13.4 The Parties shall exchange, on or before June 1 of each year, copies of their income tax returns and notices of assessment and reassessment, and shall forthwith advise one another of any material change in income.
§ 14. POST-SECONDARY EDUCATION COSTS
14.1 The Parties confirm their intention that any child be encouraged to attend a post-secondary educational institution. The ________ shall be responsible for the following educational costs for so long as the child is in continued and regular attendance at a university, college or vocational institution in a program acceptable to each Party, and maintains satisfactory academic standing:
(i) tuition;
(ii) the cost of required course textbooks;
(iii) on-campus residence expenses, if any, during the academic terms.
§ 15. LIVING EXPENSES
15.1 During cohabitation, the Parties shall each contribute to their daily living expenses in an equitable manner, having regard to their respective earning capacities and financial circumstances, subject to adjustment in the event of income fluctuations.
15.2 Each Party shall be responsible for their own personal expenses, including credit card balances and discretionary spending.
§ 16. DEBTS AND OBLIGATIONS
16.1 Subject to any contrary provision herein, each debt or obligation shall belong to the Party in whose name it is registered. Where a mortgage, loan or other debt is registered in the names of both Parties, the Parties shall be equally responsible therefor, subject to any contrary term agreed herein or by addendum hereto.
16.2 Upon the breakdown of the relationship or the cessation of cohabitation, neither Party shall incur any further debt or liability on the credit of the other. Any debt outstanding as of the date of separation shall be the sole responsibility of the Party who incurred it, save for jointly registered debt which shall be shared equally.
16.3 Each Party shall indemnify and save the other harmless from any debt or obligation for which that Party is responsible under this section.
§ 17. ESTATES AND TESTAMENTARY DISPOSITIONS
17.1 Each Party shall have full testamentary freedom and may make and execute a Will as the Party sees fit.
17.2 Each Party agrees not to contest the validity or any provision of the other Party's Will and to make no claim against the estate of the other, including any claim for support as a dependant or any claim under the Act, except in respect of any provision actually made for that Party under the other Party's Will or by valid beneficiary designation.
17.3 Upon the breakdown of the relationship or the cessation of cohabitation, each Party renounces all right to act in the administration of, and all entitlement under, the estate of the other.
§ 18. INDEPENDENT LEGAL ADVICE
18.1 Each Party acknowledges that the Party has been advised to obtain, and has had a full and reasonable opportunity to obtain, independent legal advice with respect to this Agreement, and that the Party either has obtained such advice or has freely and voluntarily waived the right to do so. The Certificates of Independent Legal Advice, where obtained, are attached hereto.
First Partner's solicitor: ________
Second Partner's solicitor: ________
§ 19. VOLUNTARY EXECUTION
19.1 Each Party acknowledges that the Party is signing this Agreement voluntarily, with full knowledge of its contents, nature, effect and significance, without coercion, duress or undue influence, and that the Party is satisfied that the terms of this Agreement are fair and reasonable.
§ 20. GENERAL PROVISIONS
20.1 Dispute Resolution. In the event of any dispute arising out of or relating to this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith, and failing resolution shall submit the dispute to family mediation before commencing any court proceeding.
20.2 Language. All communications and notices under this Agreement shall be in the English language.
20.3 Time of the Essence. Time shall be of the essence of this Agreement.
20.4 Severability. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect to the extent permitted by law.
20.5 Headings. Headings are for convenience only and shall not affect the interpretation of this Agreement.
20.6 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations and agreements, whether oral or written, relating to its subject matter.
20.7 Amendment. No amendment, variation or revocation of this Agreement shall be effective unless made in writing and signed by both Parties and witnessed in accordance with the formalities required for a domestic contract.
20.8 Reconciliation. In the event the Parties reconcile after a separation, this Agreement shall remain in full force and effect unless revoked by an instrument in writing signed by both Parties.
20.9 Enurement. This Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators and assigns.
IN WITNESS WHEREOF the Parties have executed this Agreement, each having read and understood the same, as of the date first written above.
SIGNED, SEALED AND DELIVERED in the presence of:
___________________________ ___________________________
Witness ________ (First Partner)
Date: ________
___________________________ ___________________________
Witness ________ (Second Partner)
Date: ________
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