Moving in with your partner is a huge deal. It is an exciting time for sure. You are picking out furniture and figuring out whose Netflix account to keep. But wait a second. Have you thought about the legal side of things? In Alberta, living together can actually give you the same legal baggage as a married couple. This includes the chance that one person might have to pay the other if things go south. Talking to a cohabitation agreement attorney in Calgary is a great way to handle these "what-ifs" before they ever happen.
A cohabitation agreement is basically a contract for people who live together but aren't married. In Alberta, the law calls these "Adult Interdependent Partner" agreements. It is a fancy way of saying you are a couple in the eyes of the law.
If you live together for three years, the law treats you like a married couple for many things. It also counts if you have a kid together and live together for any amount of time. An agreement lets you choose your own rules instead of following the ones the government made.
Yes, you totally can. This is the main reason people look for a cohabitation agreement attorney in Calgary. You can decide right now how much support someone gets if you break up. You can even agree that no one pays anything at all.
Without this paper, a judge might decide your financial fate. They look at how much you both make and how long you were together. Having a contract gives you peace of mind. You won't have to guess about your bank account balance if the relationship ends. It is all about being smart and planning ahead.
It is super tempting to just download a form for twenty bucks. Don't do it. Family law in Alberta is tricky. A DIY job often ends up in the trash if a judge looks at it. To make a contract stick, both people must talk to their own lawyer.
This is a big rule. You and your partner cannot use the same person. Each of you needs a lawyer to sign a paper saying you understand what you are doing. They also make sure no one is being bullied into signing. If you don't follow these steps, your agreement is basically just a piece of scrap paper.
Talking about breakups while you are in love feels a bit weird. We get it. But it is actually a very mature thing to do. It shows you respect each other. By getting the money stuff out of the way now, you save yourself a massive headache later.
You get total financial clarity. You both know which bills are yours and which are theirs. You can also protect the stuff you owned before you moved in. Most importantly, it keeps the heat down. Most fights during a split are about cash. If the rules are already set, there is much less to argue about.
If you don't have a deal, the courts use a set of guidelines. They look at what each person did during the relationship. Maybe one person stayed home with the kids while the other worked. Or maybe one person moved to a new city for the other’s career.
The court tries to make things fair based on these roles. This can get very expensive and take a long time in court. It is much easier to just decide these things for yourselves while you are still getting along.
| Feature | With an Agreement | Without an Agreement |
| Cash Amount | A set number you both liked | A judge decides the amount |
| How Long It Lasts | You pick the end date | Based on years lived together |
| Legal Fees | Cheap since it is already done | Very expensive court battles |
| The Outcome | You know exactly what happens | It is a total toss-up |
Making a solid contract is a process. You can't just write it on a napkin. First, you have to be totally honest about your money. You have to list every bank account and every debt. If you hide something, the whole deal could be tossed out later.
Then you talk it out and decide what is fair. A pro then writes it all down in legal terms.
We Are Ready to Help You Build a Solid Plan
Starting a new life together should be a happy time. At THEBIL Family Law, we want to help you keep it that way. We take the stress out of the legal side of things. We help you make cohabitation agreements in Calgary that are fair and strong. Whether you want to protect your savings or just set some ground rules, we have your back. Give us a shout today so we can help you protect your future together.
Frequently Asked Questions
How long do we have to live together to be common-law? In Alberta, you usually need to live together for three years to be Adult Interdependent Partners. It happens much faster if you have a child together or if you sign a specific paper saying you are partners.
Can we decide on child support in this agreement? You can write it in, but the court always gets the final say. A judge will always do what is best for the kid. You can't agree to pay less than the law says children need.
Is this the same thing as a prenup? They are almost the same. A cohabitation agreement is for people living together. A prenup is for people getting married. You can write your agreement so it stays active even if you eventually get married.
What happens if we never sign anything? If you break up without a contract, the provincial laws take over. This usually means splitting the stuff you bought while together 50/50. It also means one person might have to pay support to the other.
Can one lawyer help both of us sign? No, that is a big no-no. It is a conflict of interest. To be legal in Alberta, each person must have their own separate lawyer. This proves that everyone knew what they were signing.
