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Male's Name] or any other person. DATED [Date of Signature]. [FEMALE'S LAWYER'S NAME] Cohabitation Agreement 18 said document in my presence and did acknowledge and declare and it appeared to me that she was executing the said document of her own volition and without fear, threats, compulsion or influence by [y for her and explained fully to her the nature and effect of the said Contract and she did this day acknowledge and declare that she fully understood the nature and effect thereof and did execute thed in my professional capacity by [Female's Name] named in the annexed Domestic Contract, dated [Date of Domestic Contract], as to her obligations and rights under the said Contract, that I acted solelt 17 Certificate of Independent Legal Advice I, [Name of Female's Lawyer], of the City of [City of Lawyer], in the Province of Ontario, Barrister and Solicitor, do hereby certify that I was consulte said document of his own volition and without fear, threats, compulsion or influence by [Female's Name] or any other person. DATED [Date of Signature]. [MALE'S LAWYER'S NAME] Cohabitation Agreemenedge and declare that he fully understood the nature and effect thereof and did execute the said document in my presence and did acknowledge and declare and it appeared to me that he was executing theestic Contract], as to his obligations and rights under the said Contract, that I acted solely for him and explained fully to him the nature and effect of the said Contract and he did this day acknowler], in the Province of Ontario, Barrister and Solicitor, do hereby certify that I was consulted in my professional capacity by [Male's Name] named in the annexed Domestic Contract, dated [Date of Dom Significant Assets, Debts and Liabilities Assets: Debts and Liabilities: Cohabitation Agreement 16 Certificate of Independent Legal Advice I, [Name of Male's Lawyer], of the City of [City of Lawyhabitation Cohabitation Agreement 14 Schedule "E" List of Male's Significant Assets, Debts and Liabilities Assets: Debts and Liabilities: Cohabitation Agreement 15 Schedule "F" List of Female'sonial Home Cohabitation Agreement 12 Schedule "C" List of Male's Furniture at Commencement of Cohabitation Cohabitation Agreement 13 Schedule "D" List of Female's Furniture at Commencement of Coe Witness as to the Signature of Female Female 10 Schedule "A" Legal Description of Matrimonial Home Cohabitation Agreement 11 Schedule "B" Example of Calculation of Female's interest in Matrimin all the circumstances. TO EVIDENCE THEIR AGREEMENT, each of the parties has signed this contract under seal before a witness. SIGNED, SEALED AND DELIVERED Witness as to the Signature of Male Mallegal advice; understands his or her rights and obligations under this Agreement; is signing this Agreement voluntarily; and 9 -(d) are satisfied that the provisions of this Agreement are equitable mation or particulars that have not been met to his or her complete satisfaction. (b) (c) (d) 23. Independent Legal Advice The parties acknowledge that each of them: (a) (b) (c) has had independent r assets and liabilities that have been requested by the other; is satisfied with the information and particulars received from the other, and acknowledges that there are no requests for further inforant debts or other liabilities existing at the date of this Agreement as set out in Schedules "E" and "F", and in addition to this disclosure. has given all information and particulars about his or heLaw Act. 22. Financial Disclosure Each party: (a) has fully and completely disclosed to the other the nature, extent and probable value of all his or her significant assets and all his or her significc Contract Each of the parties acknowledge that this Agreement is entered into under section 53 of the Family Law Act and is a domestic contract which prevails over matters provided for in the Family ed. 20. Execution of Other Documents The parties will execute any document or documents reasonably required from time to time to give effect to the provisions and intent of this Agreement. 21. Domestiy of the provisions of this Agreement either by separate written instrument or by endorsing the amendment on this Agreement, which amendment, in either form, must be signed by both parties and witnessThe titles in this Agreement are for convenience only and shall not be construed to affect the meanings of the paragraph so titled. (b) (c) (d) (e) (f) 8 -19. Amendments The parties may amend an Agreement other than expressed in this Agreement. The terms of this Agreement are for the benefit of and are binding on the parties and their respective heirs, executors, administrators and assigns. ther term, but the agreement will be construed as if such invalid term were omitted. The parties agree that there are no representations, warranties, collateral agreements or conditions affecting this as a separate contract under ordinary contract law and enforceable as such. The invalidity or enforceability of any provision of this Agreement will not affect the validity or enforceability of any ovalidates or renders void this Agreement, or any amendments to it, as a domestic contract, it is the intention of the parties that each provision of this Agreement or any amendments to it be construedin Ontario. This Agreement is valid and enforceable in the Province of Ontario and such other places as the parties may reside from time to time. If any provision of any statute of any jurisdiction in is to be construed and enforced in accordance with the internal laws of the Province of Ontario as those laws apply to contracts made in Ontario to be wholly performed in Ontario by persons resident nsfer or issuing of shares of a business of the other; a share of any property or the value of any property owned by the other. Applicable Law and Interpretation (a) This Agreement is governed by andg or common-law or legal spouses, as these are defined in law. any payment from one party to the other; and the giving of any security against the property of the other; any share of profits in or tra) (f) (g) (h) 18. claims to compensation or a share in property because of any contribution to the property of the other, and any other right or interest resulting from their relationship as Cohabitin and interests respecting ownership, division of, possession of or equalization of property or net family properties; rights and interests arising out of any part of the Family Law Act; 7 -(c) (d) (eease all rights to and interests in property owned by the other, which rights or interests he or she may have now, or in the future may acquire, and more particularly each releases all, (a) (b) rights and Under the Trustee Act to act as executor or administrator of the Will or the Estate of the other. 17. Release of Rights Except as otherwise provided in this Agreement, Male and Female each rela) Under the Succession Law Reform Act, and the Family Law Act; (i) (ii) (b) to share in the Estate of the other upon the other dying intestate; or payment as a dependent from the Estate of the other,y the other in his or her Will, Male and Female each release and discharge all rights that he or she has or may have under the laws of any jurisdiction in the Estate of the other, and in particular: (. Attached as Schedule "D" is a full list of all furniture that Female owned at the date the parties commenced Cohabitation. 16. Release of Rights in each Other's Estate Subject to any right given b they began Cohabitation will be divided equally between them. Attached as Schedule "C" to this Agreement is a full list of all furniture that Male owned at the date the parties commenced Cohabitatione which he brought into their relationship and Female shall similarly be entitled to all furniture which she brought into their relationship. Any furniture which has been purchased since the date thatfrom each other. 15. Furniture Male and Female acknowledge they each owned furniture which they brought into their relationship. If the parties shall Separate, Male shall be entitled to all furnituror bequest is witnessed in writing. 14. On Marriage to Each Other The provisions of this Agreement will continue in force if the parties marry each other or having married, Separate or are divorced med to be an irrevocable gift to the other. 6 -(b) Nothing in this Agreement prevents either Male or Female from giving, devising or bequesting any property to the other as long as the gift, devise ]'s interest in the Estate of Male. 13. Gifts to Each Other (a) If before or after this Agreement, either Male or Female purchases property and takes title in the name of the other, it will be presueficiary of the Estate of Male ("Estate of Male"). Female hereby releases any interest or claim that she might have to an interest in the Estate of Male or [Name of Beneficiary of Male/Female's Estateof the Breakdown although she is not and cannot be bound by this Agreement to do so. (b) 12. Estate of Male Male and Female acknowledge that [Name of Beneficiary of Male/Female's Estate] is the ben Matrimonial Home under the Family Law Act but each of the parties intends that if there is a Breakdown of the Marriage, Female will give Male vacant possession of the Matrimonial Home as of the date he leaves the Matrimonial Home. If the parties shall marry, nothing in this Agreement restricts or modifies the rights of either party with respect to the possession, disposition or encumbrance of thelculating Female's interest as set out herein. The amount of Female's interest in the Matrimonial Home shall be paid by Male to her upon the later of the date that her interest is calculated or when sinst the Matrimonial Home at the time of the Breakdown of the Marriage, then such encumbrances shall be deducted from the amount of the Fair Market Value of the Matrimonial Home for the purposes of caon is set out in Schedule "B" to this agreement. It is intended that unless the parties otherwise agree, the Matrimonial Home shall be free and clear of encumbrances. If there are any encumbrances agae date of the Breakdown of the Marriage. Female's interest in the Matrimonial Home, however, shall never be more than 50% of the Fair Market Value of the Matrimonial Home. An example of this calculatime shall be calculated by multiplying the number of years the parties have Cohabited after the date of their marriage times an amount equal to 5% of the Fair Market Value of the Matrimonial Home at thle shall marry and there is a Breakdown of the Marriage, the following provisions shall govern their rights and obligations concerning the Matrimonial Home: (a) Female's interest in the Matrimonial Hoshall be responsible for the payment of all expenses in connection with the Matrimonial Home during such period of exclusive possession. 11. Division of Matrimonial Home upon Marriage If Male and Femaor Executor within one year of Male 's death or to remain in exclusive possession of the Matrimonial Home for 5 (b) (c) (ii) (iii) -a period of up to one year from Male's death and Male's Estate ase the Matrimonial Home from the Administrator or Executor of the Estate of Male, at the Fair Market Value of the Matrimonial Home at Male's death, which amount shall be paid to Male's Administrator s, Female will leave within thirty (30) days of such request at her own expense; if Female predeceases Male, she shall have the option, at any time during the year subsequent to Male's death, to purchny right or interest in the Matrimonial Home; the Matrimonial Home will be the residence of Male and Female until either Female leaves of her volition or Male requests her to leave. If Male so requireAgreement: (i) no contribution by Female or rule or law or statutory provision, including any by way of resulting, constructive or implied trust, or any other matter or circumstance will give Female ap of the Matrimonial Home, and if Female is called upon by a third party to pay for any such obligations, she is entitled to full reimbursement from Male. Subject to the terms of paragraph 11 of this is the sole owner of the Matrimonial Home, and that Female has made no contribution to its acquisition, repair or maintenance. Male will be responsible for all costs associated with the care and upkeeno circumstances will any property owned by either party, or by them together, be included in the Net Family Property of either party. 10. Matrimonial Home (a) Male and Female acknowledge that Male contribution by Male of money or monies worth to the Trust or any of its assets, will be made on a wholly voluntary basis by her and will not give rise to any claim. 9. No Net Family Property Under parties as joint tenants. The Trust Male hereby specifically releases any claim or interest which she may now have or otherwise may acquire in the future, by any means whatsoever, in the Trust. Any sferred; 4 -(b) (c) 8. property held in the name of one party shall be deemed to be owned by that party; property held in the name of both parties as joint tenants shall be deemed to be owned by bothot apply in questions of ownership of property between the parties, and (a) property transferred from one party to the other party shall be deemed to be owned by the party to whom the property is tranle shall be deemed to be owned equally by Male and Female. (c) 7. Deemed Ownership Subject to an appropriate instrument in writing, the rule of law imposing a presumption of resulting trust shall n one in whose name the property is held and be deemed to be owned by such party. Any property now held in the names of both Male and Female or acquired in the future in the names of both Male and Femaoperty now held in the name of either Male or Female will forever be free of any claim by the other. All future acquired property, which is not held in both their names, will belong exclusively to the, but no such change, whether it be catastrophic, radical or otherwise, will give either party the right to claim support or maintenance from the other. 6. Regime of Separate Property (a) (b) All pry jurisdiction. (c) (ii) (d) Male and Female realize that his or her financial circumstances may change by reason of health, cost of living, employment or otherwise, or by the vicissitudes of lifeisdiction; and all rights or causes of action to claim or obtain support from the other pursuant to the Family Law Act, the Divorce Act, the Succession Law Reform Act, or any similar legislation in annd administrators of and from: (i) all obligations to provide support to the other pursuant to the Family Law Act, the Divorce Act, the Succession Law Reform Act, or any similar legislation in any jurvorce Act, or the Succession Law Reform Act, or any similar legislation in any jurisdiction. Male and Female each hereby remise, releases and forever discharge the other, his or her heirs, executors aa fair and equitable arrangement at present and in the future. (b) Male and Female agree not to make any claim against the other or the estate of the other for support under the Family Law Act, the Dile. 5. Support (a) Male and Female each agree to be responsible at all times for his or her own support and not, to any degree, for the support of the other. They each 3 -acknowledge that this is Agreement Male and Female agree to be bound by the provisions of this Agreement. 4. Effective Date of Agreement This Agreement will take effect on the date it is signed by the last of Male or Femarriage, they wish to make specific provision for the division of any increase in value of the Matrimonial Home between the date of such marriage and the date of the Breakdown of the Marriage. (e) 3. Male and Female wish to affirm that none of the property of either party will be divided between them except according to ownership. If Male and Female shall marry, and there is a Breakdown of the Mactive, implied or resulting trust, or any other doctrine in law or equity in any jurisdiction. (ii) (d) Except as specifically provided by this Agreement, and regardless of whether they later marry,sed on either or both of the parties by: (i) any legislation including the Family Law Act, the Divorce Act, the Succession Law Reform Act, the Trustee Act, or the Surrogate Court Act; and in a construto continue to do so indefinitely. Male is presently married. Female is not married. Male and Female intend by this Agreement to override any rights or obligations relating to support or property impo"Valuation Date" means valuation date as that term is defined in the Family Law Act. Background (a) (b) (c) Male and Female have been Cohabiting since [Date of Commencement of CoHabitation] and plan or property received from the trust by Male. (g) (h) (i) (j) (k) (l) (m) 2 -(n) (o) 2. "Trustee Act" means the Trustee Act (Ontario) as amended from time to time and any successor statute or Act. subsidiary corporations, and partnerships and sole proprietorships and any other business entities and shall, for the purposes of this Agreement, include any property purchased by Male with any funds the future. Without restricting the generality of the foregoing, the assets of the trust include property and corporate interests and all the assets of such corporate interests including related and [Name of Trust Settlor] as Settlor and the present Trustee, [Name of Trustee of Trust] and includes income produced by it or any of its assets to which Male has any interest or entitlement, now or ingate Court Act (Ontario), as amended from time to time and any successor statute or Act. "Trust" means the [Name any Family Trust to which either Male of Female are Beneficiaries] Family Trust betweenrim maintenance, interim maintenance, final maintenance, interim interim alimony, interim alimony and final alimony, or any other term of similar or like meaning. "Surrogate Court Act" means the Surroe Succession Law Reform Act (Ontario), as amended from time to time and any successor statute or Act. "Support" means and includes interim interim support, interim support, final support, interim inte, present or future, vested or contingent, in real or personal property. "Separate" means to cease to cohabit with no reasonable prospect of resuming Cohabitation. "Succession Law Reform Act" means thl description of this property is marked as Schedule "A" to this agreement. "Net Family Property" means net family property as that term is defined in the Family Law Act. "Property" means any interestperty located at [Address of Matrimonial Home], and any property or properties purchased by Male and Female in substitution for such property and used by both of them as their common residence. A legaeir respective administrators or executors; (e) (f) "Family Law Act" means the Family Law Act (Ontario), as amended from time to time and any successor statute or Act; "Matrimonial Home" means the prond 11 of this Agreement, the amount determined by averaging two appraisals conducted by 1 Cohabitation Agreement -qualified independent appraisers to be mutually agreed upon by Male and Female or th conjugal relationship; "Divorce Act" means the Divorce Act, 1985 (Canada), as amended from time to time and any successor statute or Act; "Fair Market Value" means, for the purpose of paragraphs 10 a they will resume Cohabitation; the dissolution of the marriage of the parties; the annulment of the marriage of the parties; or the death of one of the parties. "Cohabit" means to live together in a) (iv) (v) (b) (c) (d) the Separation of the parties with no reasonable prospect that they will resume Cohabitation; the Separation of the parties after their marriage with no reasonable prospect that: [NAME OF MALE] ("Male") - and [NAME OF FEMALE] ("Female") 1. Definitions In this Agreement: (a) "Breakdown of the Marriage" or "Breakdown" means the earliest of the following events: (i) (ii) (iiiy way out of the use of these materials. An attorney should be consulted for all serious legal matters. 2 Cohabitation Agreement THIS AGREEMENT made on [Date of Cohabitation Agreement] B E T W E E Nloss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in an of the forms, be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; materials for your particular needs. The materials are used at your own risk. In no event will: i) FindLegalForms, Inc, its agents, partners, or affiliates, or ii) the providers, authors or publishersrs and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." 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This will allow you window will tell you what needs to be entered; or the shaded area itself will tell you what needs to be entered; or a drop down box will appear giving you choices as to what needs to be entered. 2. to move between these shaded areas. You will be prompted to input the requested information in one of three ways: (a) (b) (c) 3. the text in the status bar located at the bottom of the Microsoft Word"Enable Macros" to continue into the document. Inputting Requested Information: Shaded grey boxes in the document indicate the places that require specific information. Use the "Tab" key or your mouseormation for the creation of your document. 1. Enabling Macros: A prompt may appear indicating that the document contains macros. These macros will help you with the creation of your document. Choose provide that it continues in the event the couple formally marries. Note: The form you purchased includes some interactive features. Please read the following which will provide you with valuable inf any other matter on death or the termination of the relationship. It can provide that the couple will have the same or similar rights vis-à-vis one another as a married couple. The agreement may alsoe-Nuptial Agreement) is a written agreement between two people living, or intending to live, in a conjugal relationship with one another. The agreement can provide for division of property, support orFindLegalForms.com Co-Habitation Agreement - Ontario Information This form provided under agreement with copyright holder, © Lawgical Solutions, Ltd. 2009 A Cohabitation Agreement (also known as a Pr