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Peter Ivanyi is an experienced family law lawyer who can assist you in all of your family law needs including:
Cohabitation and Pre-marital Agreements ˆtop
A cohabitation agreement is a written contract. Its purpose is to establish the property rights of each person if they cease cohabitating.
A cohabitation agreement is not a legal requirement to live together, but it is often a good idea for two reasons. First, it gives you and your partner the opportunity to discuss what you each expect if the relationship ends. Secondly, it lets you create rights that the law does not otherwise provide for. For example, you may both agree to split property equally if you separate. Or, you may agree that neither of you has the obligation to financially support the other. The only terms you cannot put in a cohabitation agreement are child custody and access arrangements.
To create a legally binding cohabitation agreement, you and your spouse must be completely open and honest about your financial situations and you must both sign the agreement in front of a witness. There cannot have been any pressure or threats involved in signing the agreement. Both parties to a cohabitation agreement should obtain independent legal advice and be separately represented.
If you and your common law spouse decide to get married, a cohabitation agreement is not cancelled. After you are married, your cohabitation agreement automatically becomes a legal marriage contract.
Separation Agreements ˆtop
A separation occurs when one or both spouses decide to live apart with the intention of not living together again. Once you are separated, you may need to deal with your spouse in relation to issues concerning any children you have, such as custody and child support, and you may also need to work out issues dealing with spousal support and property. You can resolve these issues in different ways:
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You can negotiate a separation agreement. A separation agreement is a legal document signed by both spouses which details the arrangements you have agreed on. In some jurisdictions, independent legal advice is required to make the document legally binding; |
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You can make an application to the court to set up custody, support and property arrangements under the laws in the province or territory; or |
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You can come to an informal agreement with your spouse. However, if one party decides not to honour the agreement, you will have no legal protection.
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A separation agreement is a written agreement between two spouses who have separated or are about to separate. The agreement generally establishes a number of rights for each spouse, including who will live in the family home, how property will be divided, who will pay the family debts, who will make child and spousal support payments, who will have custody of children and what kinds of visiting rights the other parent will have. Writing a separation agreement is voluntary and is not required under the law to establish a legal separation.
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