Simply put, a Cohabitation Agreement can take some of the uncertainty out of a Separation while protecting the finances of both former partners.
When a couple has agreed beforehand about what will happen to their finances and property in the event of a separation, they are able to spend their time after a breakup focusing on bettering themselves and recovering from the emotional toll of their separation, rather than re-opening old wounds open by trying to make life-altering financial decisions and negotiate with an ex who may not have their best interests in mind.
In my experience as a family lawyer, by the time the majority of my clients make it to me they have been trying to negotiate with their ex for several months and they are getting nowhere. The emotional toll of trying to make life-altering decisions with a person with whom communication has typically broken down is nearly impossible, not to mention the financial strain that one or both of the former couple is often under, which makes it hard to keep afloat.
In Saskatchewan, division of property and rights and responsibilities about spousal support are governed by The Family Property Act and The Family Maintenance Act, 1997. On the most basic level, if a couple lives together for two or more years, family property is divisible equally between the two if they break up.
What a lot of people do not know is that family property includes their pensions, investments, and the Family Home (even if one party owned the home alone prior to entering into the relationship). Depending upon the roles that the partners played in their relationship, one may have an obligation to pay spousal support to the other for a period of time as well.
Everyone has heard a horror story about a friend of a friend of a friend’s divorce: it dragged on for 6 years and cost the friend $35,000 in legal fees alone, not to mention the spousal support and the value of the property they ended up having to sell to split with their ex.
A Cohabitation Agreement is one of the most important documents you may not know you need. It’s easy to skip over, not legally required but legally very valuable, and if a person needs one, they often don’t know until it’s too late. I wholeheartedly encourage you to not risk becoming a cautionary tale, and to discuss getting a Cohabitation Agreement with your partner, and your lawyer.
-Margaret Sproule
