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Cohabitation Agreement Vs Marriage Contract

And since the likelihood of divorce or separation is much higher for subsequent marriages and long-term relationships, it`s important to protect yourself financially – only just in case. No no. There is no legal requirement that you have a marriage contract if you plan to marry someone. (Or a concubine agreement if you plan to live with someone.) They cannot be forced to sign one. A court can overturn an agreement that pushed you. A concubine`s contract is the same as a marriage contract, except that the parties are not married and do not intend to marry in the near future. This agreement would be appropriate for common law couples who wish to protect their property in the event of a relationship breakdown. This may seem unnecessary. As a general rule, both parties entering into a marriage or cohabitation contract must be independently advised before signing the contract (advice from their own lawyer). However, there would be no automatic legal finding of the existence of a de facto marriage. Instead, the statute would still be a matter of judicial finding, and even the “presumption” mentioned above would be rebuttable in court by clear and convincing evidence. .

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