When entering a marriage or common-law relationship, bringing up the subject of a marriage or cohabitation agreement can be awkward. As a result, couples often avoid creating them. However, it’s always important to have one of these documents as they offer protection and peace of mind.

In this article, we explain what marriage and cohabitation agreements are and answer some of the most common questions couples have about these contracts.

What Is a Cohabitation or Marriage Agreement?

Marriage and cohabitation agreements are legal contracts between married or common-law spouses that outline how various issues will be resolved if the couple separates. 

What Is the Difference Between a Marriage and a Cohabitation Agreement?

A marriage agreement is designed for couples that are legally married or are about to get married.

A cohabitation agreement is for couples that live together or are planning to move in with each other but are not married.

What Is Usually Included?

A marriage or cohabitation agreement primarily outlines how assets and debts will be managed during the relationship and divided if the spouses separate. The agreement can also address spousal support, how certain issues will be resolved in the relationship and more.

Do I Still Need a Contract If I’m Not Legally Married?

Yes! Cohabitation agreements are designed for common-law couples and can protect both partners if they separate, particularly when it comes to divvying up assets and financial support.

Can I Create a Marriage Agreement If I’m Already Married?

Yes! Marriage agreements can be drafted at any time during the marriage as long as both spouses are of sound mind when the agreement is signed.

Do I Need a Lawyer to Draft a Marriage or Cohabitation Agreement?

It is highly recommended to work with an experienced lawyer that practices family law when creating a marriage or cohabitation agreement to ensure it is legally binding.

If you are searching for a family lawyer in Surrey to help with a marriage or cohabitation agreement, we can help at Highland Law.

We have a team of dedicated family lawyers with extensive experience helping couples draft marriage and cohabitation agreements in British Columbia.

Contact us today to learn more about this process and how we can help protect your rights in the event of separation.