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Cohabitation Agreement After Divorce

Cohabitation Agreement After Divorce Template for Canada

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Cohabitation Agreement After Divorce

"I need a Cohabitation Agreement After Divorce for a relationship starting March 2025, where both parties own successful businesses and have significant assets from previous divorce settlements that need protection, with special attention to existing support obligations to former spouses."

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Document background
The Cohabitation Agreement After Divorce is essential for individuals who have experienced previous marriages and divorces and are now entering into a new domestic partnership in Canada. This specialized agreement addresses the unique circumstances of previously married individuals, protecting their assets, defining property rights, and establishing clear financial boundaries while ensuring compliance with existing divorce obligations. The document is particularly crucial in Canadian jurisdictions where common-law relationships may create legal obligations between partners. It includes provisions for property division, financial responsibilities, and existing commitments from previous marriages, while considering both federal divorce law and provincial family law requirements. This agreement helps prevent future disputes by clearly documenting the parties' intentions and protecting their respective interests, especially considering their previous marital experiences.
Suggested Sections

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

2. Background: Context of the agreement, including acknowledgment of previous marriages and divorces, and intention to cohabit

3. Definitions: Key terms used throughout the agreement, including property classifications, relationship status, and other relevant terminology

4. Previous Obligations: Declaration of existing obligations from previous divorces, including support payments and custody arrangements

5. Separate Property: Identification and agreement regarding property owned separately by each party, including assets from previous divorce settlements

6. Joint Property: Terms for property acquired together during cohabitation and how it will be treated

7. Financial Obligations: Details of how shared expenses, debts, and financial responsibilities will be handled during cohabitation

8. Support Obligations: Terms regarding any support obligations between the parties during cohabitation or upon separation

9. Dispute Resolution: Process for resolving disagreements related to the agreement

10. Termination: Circumstances and process for terminating the agreement

11. General Provisions: Standard clauses including severability, governing law, and amendments

Optional Sections

1. Children: Include when either party has children from previous relationships, addressing living arrangements and financial responsibilities

2. Estate Planning: Include when parties wish to address inheritance rights and estate planning within the agreement

3. Business Interests: Include when either party owns business interests that need protection

4. Pets: Include when parties have or plan to have pets together

5. Retirement Assets: Include when parties wish to address treatment of retirement accounts and pension benefits

6. Future Property Acquisition: Include when parties anticipate acquiring specific assets or properties during cohabitation

7. Mediation Clause: Include when parties wish to specify mediation as a mandatory step before litigation

8. Religious Requirements: Include when parties wish to address religious aspects of their relationship

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of each party's separate assets, including those acquired from previous divorce settlements

2. Schedule B - Debt Inventory: List of existing debts and liabilities of each party

3. Schedule C - Income and Expenses: Current financial disclosure of both parties

4. Schedule D - Previous Divorce Orders: Copies or summaries of relevant provisions from previous divorce orders

5. Schedule E - Support Obligations: Details of existing support obligations from previous relationships

6. Schedule F - Property Valuations: Professional valuations of significant assets owned by either party

7. Appendix 1 - Certificate of Independent Legal Advice: Confirmation that each party received independent legal advice

8. Appendix 2 - Financial Statements: Current financial statements of both parties

Authors

Alex Denne

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

alex.den.21@genieai.co
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