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Non Cohabitation Agreement Template for Canada

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Key Requirements PROMPT example:

Non Cohabitation Agreement

"I need a Non Cohabitation Agreement for a couple where one party owns a successful business and wants to protect their business assets while maintaining a relationship; the agreement should include specific provisions about future investments and shared vacation properties."

Document background
The Non Cohabitation Agreement serves as a crucial legal instrument in Canadian family law for individuals who wish to maintain a relationship while living separately. This document is particularly relevant for couples who want to clearly define their financial independence, protect their assets, and establish clear boundaries regarding property rights and shared expenses. It becomes especially important in provinces where common-law relationships may create automatic rights after a certain period. The agreement typically includes detailed financial disclosure, provisions for handling shared expenses, property rights, and dispute resolution mechanisms. Each party should obtain independent legal advice to ensure the agreement's enforceability under both federal and provincial legislation. The document can be modified to accommodate various circumstances and can include additional provisions for specific situations such as business interests or estate planning.
Suggested Sections

1. Parties: Identification and details of both parties entering into the agreement

2. Background: Context of the relationship and purpose of the agreement, including acknowledgment of separate residences

3. Definitions: Key terms used throughout the agreement, including 'separate residence', 'relationship', 'assets', etc.

4. Acknowledgments: Statements confirming both parties enter the agreement freely, with independent legal advice, and understanding of rights

5. Separate Residences: Declaration of intention to maintain separate residences and details of current living arrangements

6. Financial Independence: Statement of financial separation and independence between parties

7. Property Rights: Confirmation that each party's property remains their own, with no claim by the other party

8. Debts and Liabilities: Each party's responsibility for their own debts and protection from the other's liabilities

9. Relationship Expenses: How shared expenses during the relationship will be handled

10. Termination: Circumstances and process for terminating the agreement

11. Governing Law: Specification of applicable jurisdiction and laws

12. Dispute Resolution: Process for resolving any disputes arising from the agreement

13. General Provisions: Standard contract clauses including severability, entire agreement, and amendments

Optional Sections

1. Mutual Support: Used when parties wish to address potential support obligations or explicitly waive them

2. Joint Purchases: Include when parties anticipate making significant joint purchases during the relationship

3. Pets and Pet Care: Required when parties share pets or plan to acquire pets together

4. Gifts and Inheritances: Include when parties want to specifically address treatment of gifts exchanged or inherited property

5. Business Interests: Necessary when either party owns a business or may start one during the relationship

6. Children: Include if either party has children from previous relationships or if parties plan to have children

7. Death Benefits: Used when parties want to address insurance policies, pension benefits, or death benefits

8. Social Media and Privacy: Include when parties want to establish guidelines for social media posts and privacy

9. Future Cohabitation: Include when parties want to specify conditions if they later decide to cohabitate

10. Review and Revision: Used when parties want to set periodic review dates for the agreement

Suggested Schedules

1. Schedule A - Financial Disclosure: Detailed list of each party's assets, liabilities, and income at time of agreement

2. Schedule B - Separate Property: Comprehensive inventory of each party's separate property and assets

3. Schedule C - Shared Expenses Agreement: Detailed breakdown of how shared expenses will be divided and managed

4. Schedule D - Contact Information: Parties' separate residential addresses and contact details

5. Appendix 1 - Independent Legal Advice Certificates: Certificates from lawyers confirming independent legal advice

6. Appendix 2 - Property Valuations: Professional valuations of significant assets owned by either party

7. Appendix 3 - Estate Planning Documents: Copies of relevant wills, powers of attorney, or other estate planning documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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