You form a solid couple, but you don’t want (at least not yet) to get married in front of a notary and civil marriage celebrant? You wouldn’t want to escape your responsibilities? The contract between common-law partners may be the solution. A notary who is also a civil marriage celebrant will advise you even without celebrating your civil marriage. Perhaps the option of a living together contract similar to a marriage contract will turn out to be a good idea for your couple.

Who is this type of contract for?

Also known as a “common-law contract”, “cohabitation contract” (although, in reality, the partners may not both live under the same roof) or “concubinage contract”, this document is supposed to assist common-law partners to establish the rights and obligations of each person during their life together. At the same time, this contract sets out the measures which must be taken regarding the fate of the assets and children in case the union should dissolve.

What does the living together contract between common-law partners imply?

This contract may include any agreement between the two partners (which does not in any way contravene the law, of course) with respect to the following issues:

  • The personal contribution to the common life and sharing of household responsibilities
  • Child custody and support, as long as it is done in the best interest of the child
  • Property/assets and property rights
  • The division of assets and the repayment of debts in case of separation
  • The division of labour income (Quebec Pension Plan)

To note:

Although this contract covers quite a few areas, the partners do not enjoy the same rights as couples of married or civilly united people. Among the most important aspects, it should be noted that this contract does not provide for protection of the family residence for the spouse who does not own it, and it does not entitle the ex-spouse to compensatory benefits or to alimony.  Moreover, this contract has no value for the inheritance of assets if one of the spouses dies without including the other in his/her will.

Conditions for making a living together contract

Both people who are in a common-law relationship must be at least 18 years old and they must consent freely and with full knowledge of the facts. There is no condition regarding the timing of making such a contract, and it can be established and also it can be modified at any time if the couple wishes to change certain aspects.

Consult a notary

There is no standardized version for the living together contract precisely because it is a customized document for common-law partners and their particular situation. This is also the reason why it is precise, meticulous, and complex. It’s recommended to be advised by a notary who is specialized in human rights.

Me Leopold Lincà is a notary and marriage officiant in Montreal, has extensive experience in the field, being the favourite legal counsel of many couples choosing common-law relationships, but also civil marriages and civil unions.

Renowned for his listening skills and for his flexibility, Me Leopold Lincà notary will explain in detail all implications of a living together contract, and he will write it according to your expectations and also to the forecast of the law.

We offer our services at competitive prices, especially in the following sectors: Montreal, Longueuil, South Shore, Laval North Shore, Montreal – North, Rosemont–La Petite-Patrie, Saint-Laurent, Saint-Leonard, Verdun, Ville-Marie, Villeray–Saint-Michel–Parc-Extension, Laval, Longueuil, Montréal-Ouest, Montreal Downtown, Outremont, L’Île-Bizard–Sainte-Geneviève, Mercier–Hochelaga-Maisonneuve, Pierrefonds-Roxboro, Rivière-des-Prairies–Pointe-aux-Trembles, Anjou, Côte-des-Neiges–Notre-Dame-de-Grâce, Westmount, Le Plateau-Mont-Royal, Le Sud-Ouest, Brossard, Lachine, Lasalle, Pointe-Claire, Montreal East we can also travel anywhere in the province of Quebec.

 

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