Relationship Agreements

How We Help With Relationship Agreements

Not every couple follows the traditional path to marriage. Whether you’re living together, choosing not to marry, or want to formalize your partnership, you deserve the same legal clarity and protection as married couples. Relationship agreements provide that security.

These agreements clarify property rights, financial responsibilities, and what happens if your relationship ends. They’re especially important in Nova Scotia, where common-law partners don’t have the same automatic property rights as married couples. We draft agreements that respect your choice of relationship while protecting the interests of both partners.

Cohabitation Agreements

Cohabitation agreements are similar to prenuptial agreements for couples who live together without getting married. They establish clear expectations and protect both partners.

These agreements typically address: property ownership and division, financial support obligations, debt responsibility, household expense sharing, and what happens if the relationship ends. They can also establish that you don’t want common-law status to apply, or conversely, that you want marriage-like rights despite not marrying. We ensure agreements are fair, comprehensive, and legally enforceable while respecting your relationship choices.

Common-Law Relationships

In Nova Scotia, common-law partners (also referred to as common-law spouses in some contexts) have limited automatic rights compared to married couples. Understanding these differences is crucial.

Common-law partners must apply to court for property division; there’s no automatic right to equal division, unlike in marriage. For support purposes, you’re considered spouses after living together for two years. You may have claims based on unjust enrichment or constructive trust if you contributed to the property or your partner’s success. We help common-law couples understand their rights and create agreements that provide appropriate protection.

Domestic Partnership Declarations

Registered domestic partnerships give unmarried couples many of the same rights as married spouses under Nova Scotia law.

To register, couples file a declaration under the Vital Statistics Act. Once registered, domestic partners have rights under the Matrimonial Property Act and the Maintenance and Custody Act, similar to those of married couples. This includes property division rights and support obligations. Registration is available to both same-sex and opposite-sex couples. We help couples understand whether registration benefits their situation and handle the legal requirements.

Same-Sex Couple Rights

Nova Scotia recognizes same-sex relationships equally, whether through marriage, domestic partnership, or common-law status.

The Civil Marriage Act extended marriage to same-sex couples federally. Provincial laws, including the Matrimonial Property Act, Maintenance and Custody Act, and Domestic Violence Intervention Act, apply equally regardless of sex. Since 2007, both parents in same-sex relationships can be registered on birth certificates without adoption requirements. We ensure same-sex couples receive equal treatment and full protection under the law.

Creating Your Agreement

Initial Consultation: We discuss your relationship, assets, goals, and concerns. We explain relevant laws and what agreements can and cannot include.
Drafting Process: We prepare a comprehensive agreement addressing all relevant issues. Both partners should have independent legal advice to ensure enforceability.
Finalization: Once both parties agree to the terms, we ensure that the signing and witnessing are proper. The agreement takes effect immediately or on a specified date.