Announcement

Collapse
No announcement yet.

Co-habitation agreement without ILA

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Co-habitation agreement without ILA

    Can anyone comment on whether a Co-habitation agreement would stand up in an Ontario Family Court if it was witnessed by 2 people for each party but not by a lawyer providing ILA.

    Basically a template being used with all the correct terminology and covering all the area's within the boundaries of a Co-habitation agreement (i.e. no provisions around child support) property, RRSP's, pension, etc.

    Essentially 2 consenting adults in good standing wanting to have an agreement in place that covers each others assets without having to spend thousands on lawyers.

    Thanks in advance.

  • #2
    you do not have to spend thousands on lawyers. You just each need one to look it over and its done. Better to go this route then have a battle later if you split up. Look at it spend the pennies now to save the dollars later.

    Comment


    • #3
      I agree you are overstating the cost. This post from CanLii agrees ILA gives a stronger likelihood that the contract will be enforced:

      https://canliiconnects.org/en/commentaries/66768

      Comment


      • #4
        Originally posted by bake View Post
        Can anyone comment on whether a Co-habitation agreement would stand up in an Ontario Family Court if it was witnessed by 2 people for each party but not by a lawyer providing ILA.
        Think of a situation where that agreement would require enforcemet. For example, cohabitors have a "no spousal support" clause. Mom stays home when kid is born, 5 years later she is unemployable and the happy cohabitors get divorced.

        No chance that SS clause is standing up.

        Imagine a house is bought, and agreement has a clause that says "mom gets the entire house, no matter what". 15 years later, cohabitors divorce.

        No chance that house clause is going to stand up.

        Imagine the cohabitors live together for two years, have no kids, and then separate.

        Well, now the SS clause might hold up. But who cares?

        Summary:

        1) If lots of money is involved, agreement will be worthless paper
        2) If not much money is involved, agreement might hold, but since there is not much money involved it won't be a big deal either way.

        Bonus warning: Even if you get ILA, if you have a kid, almost all mommy hurting clauses are going to void. All you can really protect is current assets, which are mostly protected anyway.

        Comment

        Our Divorce Forums
        Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
        Working...
        X