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Common Law Rules+Agreement

After seeing WAY to many friends get screwed by this, I figure I'd look up the Laws governing such an agreement. In hopes that when the day comes, I have it ready to be signed.
According to Family Law BC
And Advice Here
More Advice Here
Even More Advice Here
You and your partner can write an agreement at any time during your relationship or after you separate that sets out how you want to divide your property and debts if you separate.

In such an agreement must:

  • Each spouse shares important information about their previous property, assets or debt:
  • One spouse may not take advantage of the other
  • Each Spouse must understand what they are signing
  • The agreement is "significantly fair".
  • Children, and support for such figurative Children is not covered
  • Canada Pension Plan Contributions made while living together can be shared equally.

Proposed Cohabitation Agreement:

For all intents, our relationship is seen as simply one of Cohabitants.
It is certainly not a marriage, marriage-like relationship, or common law.
It holds no intents to marry or bare children.

We hereby agree:

  • This relation is my most definitely NOT a "marriage-like relationship".
  • The only way to change to a "marriage-like relationship" is to be formally & legally married.
  • This agreement was made willingly. No one is being taken advantage of.
  • This agreement is Significantly Fair.
  • We thoroughly understand what is being signed, the legal implications, and have sought legal advise.
  • Any name changes are to be seen as purely coincidental. Matching last names shows no implication of marriage.
  • This agreement is not a spousal property agreement. It is the exact opposite. And should not be used as evidence that a marriage-like relationship exists.
  • Any monies paid to housing is considered Rent, and Not payment into The Other's Mortgage.

We are to:

  • Keep separate Finances, and share expenses only as roommates typically would.
  • Assume no Bank Accounts or Credit Cards Collectively.
  • Assume no Debts Collectively.
  • NOT Apply for insurance Collectively.
  • Keep our assets separate as much as possible.
  • Agree any Gifts given are property of the Receiver.
  • NOT Register Property Titles jointly (house, car, etc). Nor enter debts jointly.
  • NOT file our taxes jointly.
  • Not list each other as a "spouse" for the purposes of employee benefits, or any other official document.
  • Not create a "reputation" of marriage, and will correct others who mistakenly assume one exists.
  • Neither shall introduce the cohabitant as a one's "spouse", "husband" or "wife" or any term that implies marriage.
    Suggestions: boyfriend/girlfriend, roommate, paramour, my-old-lady/mu-old-man, or friend-with-benefits.
  • Make No Official Anniversary Announcements, and such would not imply intention to marry, or marriage.

Conditions:

  1. Neither Party should assume any rights The Other's Will or Life Insurance, upon their death.
  2. Neither Party should assume any rights The Other's Family's Inheritance.
  3. Neither Party should lay claim to any Assets declared Prior to this agreement. As Detailed below.
  4. Canada Pension Plan Contributions while living together are considered separate.
  5. Regarding Social Assistance, we do not have a "marriage-like relationship", and neither of us is depended on the other financially.
  6. Regarding Real Estate. No party claims rights to the increase, or liability to the decrease in value of the other's Property.
  7. Regarding Children. We have no plans to have children. In the event of accidental pregnancy, the child is to be adopted / aborted.

Asset Declaration Prior to Agreement:

(House, Cars, Furniture, Investments, Retirement Benefits, Bank Accounts, RRSPs, Pets, etc)

Blah Blah


Debt Declaration Prior to Agreement:

(Credit Card, Mortgages, Student Loans, Lines of Credit, etc)

Blah Blah


Signatures:

Pamela Handerson:

___________________________

Rob Blow:

___________________________

Witness A:

___________________________

Witness B:

___________________________

Pics: