DOMESTIC CONTRACTS AND SEPARATION AGREEMENTS - Types - Cohabitation agreements

Law360 Canada ( July 30, 2021, 5:42 AM EDT) -- Appeal by the husband from a decision of a motion judge declaring that a cohabitation agreement with the respondent was of no force and effect. The parties began an off-and-on-again relationship in 2006, with numerous separations. In 2013 they entered into the cohabitation agreement. Shortly thereafter, the respondent moved out of the appellant’s home. The appellant paid her $5,000, pursuant to the agreement, for vacant possession of his home. In 2014, they married, and the respondent moved back into the appellant’s home. The relationship broke down for the final time in January 2019. The motion judge held that the common law principle holding that reconciliation terminated a separation agreement applied to cohabitation agreements. He noted that nothing in the agreed facts supported an intention that the agreement would be applicable if there was a reconciliation, and nothing in the agreement expressly dealt with the effects of a separation and reconciliation. The motion judge held that the consideration for the $5,000 payment was the respondent’s relocation from the matrimonial home and that, since that triggering event had occurred, and payment made, the terms of the cohabitation agreement were exhausted....
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