I am moving in with a new partner. Why should we consider a cohabitation agreement?

Traditionally, “prenups” (for married or engaged spouses) and cohabitation agreements (for unmarried partners) have had a stigma associated with them; this perception is slowly changing and for good reason.

These agreements are an excellent tool which can prevent much turmoil and conflict should the relationship break down or one spouse dies or becomes incapacitated.

With recent changes in estate legislation and to family property legislation in Alberta and with the persisting uncertainty in the law for unmarried spouses, these agreements are becoming even more important.

We recommend that a couple address their concerns about existing property, asset purchases (including real estate) or about support intentions, for example, up front. That way, both partners have a clear understanding of the other's expectations in the relationship and they may plan for their future together more positively, with a clear understanding of their legal rights and obligations.