If living couples together own their family home, the property is automatically shared at 50:50 according to English law – even if a partner contributed more to the purchase – unless they have entered into a written legal agreement at the time of purchase, in which they say to what extent they own it. Again, if a partner wants to challenge this in court, it is probably expensive and there is no guarantee that they will win. There are some specific problems that couples are systematically confronted with when their relationship ends, which should be addressed in your agreement. This includes the partner responsible for the extract, the type of communication you need to make available and how long you need to find a new place to live. Other questions, such as. B that the liquidation of community real estate and the question of whether one partner buys back the interest of the other, should also be dealt with. I do not know enough about the peculiarities of your case to take a position. But it may be that your ex claims that the agreement existed and was destroyed, or something like that. Note that the situation in Scotland, where cohabitation and property rights are defined by the Family Law (Scotland) Act 2006, is different.
But the longer we wait for a cohabitation agreement to be reached, the more difficult it is from a practical point of view. A cohabitation agreement can also help give spouses other rights that are automatically granted to married couples. Specifically, according to the Ontario Family Act, you can put in your cohabitation agreement what you want to do with your estate. If you do, then normally everything will be erased in a will. The mother automatically has parental responsibility for her child. In order for a single father to assume parental responsibility, he must either marry his mother, be mentioned at birth on the birth certificate, or enter into a parental responsibility agreement with his mother. It is also possible to apply to the court for parental responsibility if the mother does not consent to a parenting agreement. @Rosemarie – it really depends on what you mean by “forced.” A cohabitation agreement must be entered into voluntarily and without coercion by both parties in order for it to be valid. Whether your situation would be a constraint should be discussed in detail with a lawyer. If a couple has a cohabitation contract and one of them dies, is the life contract replaced by the will of the deceased? But just because they are legal does not mean that every union is imposed by a court. You may be invalidated both for procedural and substantive reasons – which is why the process of concluding your contract is as important as what it contains. Here are the main circumstances in which they are deemed invalid: can there be an agreement of cohabitation between a man and a woman who live together but who are not really together? Would that work? I mean, they`re friends, not as a couple, just sharing the house as roommates.
You can either revise the agreement to reflect what you want to do in the event of a marriage breakdown, or you can let the agreement end. You can consider a pre-wedding agreement as an alternative.