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You're committed, you're moving in together and you're blending your households. But are you forgetting something? Many Canadians find themselves in common-law relationships and think that they aren't any different from a legal marriage. It can be a shock to find out that, when the going gets tough, certain rights under the law-not to mention financial obligations-do or do not apply. For instance, if one common-law partner becomes seriously ill or passes away, will the other be able to access joint bank accounts? Their shared home? What happens if there is no will? And what about the kids? These are some of the many serious questions that couples need to consider before sharing their lives, all of which can be addressed in a cohabitation agreement. A cohabitation agreement allows a couple to make sure their partner and any children are taken care of in times of need or crisis; that ownership in properties or financial resources are clear, combined, separated or protected. Most of all, these contracts allow for the peace of mind that comes with having a game plan in place should the relationship end due to death or separation. Take the advice of Michael Cochrane, a lawyer with more than 30 years of experience, and consider the numerous issues that can affect a common-law relationship. Do We Need a Cohabitation Agreement? is written in clear, nontechnical language and includes real-life examples based on Canadian cases. Cochrane addresses critical issues such as wills and estates, powers of attorney, the special concerns of step-families and same-sex couples, and how to have this discussion with your partner. It will also help you work in a cost-effective way with a lawyer should you decide that an agreement will benefit your relationship. This is your future together. Get it right from the very beginning.
You're committed, you're moving in together and you're blending your households. But are you forgetting something? Many Canadians find themselves in common-law relationships and think that they aren't any different from a legal marriage. It can be a shock to find out that, when the going gets tough, certain rights under the law-not to mention financial obligations-do or do not apply. For instance, if one common-law partner becomes seriously ill or passes away, will the other be able to access joint bank accounts? Their shared home? What happens if there is no will? And what about the kids? These are some of the many serious questions that couples need to consider before sharing their lives, all of which can be addressed in a cohabitation agreement. A cohabitation agreement allows a couple to make sure their partner and any children are taken care of in times of need or crisis; that ownership in properties or financial resources are clear, combined, separated or protected. Most of all, these contracts allow for the peace of mind that comes with having a game plan in place should the relationship end due to death or separation. Take the advice of Michael Cochrane, a lawyer with more than 30 years of experience, and consider the numerous issues that can affect a common-law relationship. Do We Need a Cohabitation Agreement? is written in clear, nontechnical language and includes real-life examples based on Canadian cases. Cochrane addresses critical issues such as wills and estates, powers of attorney, the special concerns of step-families and same-sex couples, and how to have this discussion with your partner. It will also help you work in a cost-effective way with a lawyer should you decide that an agreement will benefit your relationship. This is your future together. Get it right from the very beginning.
Congratulations! You've decided to get married. It's a wonderful time, but there's more to think about than just the perfect wedding and honeymoon. Marriage is more complicated than it used to be. People are marrying later in life and perhaps for the second or third time. Often they are bringing more assets and more liabilities into the relationship, blending children from previous relationships, and generally facing all kinds of new challenges. Marriage contracts, wills and Powers of Attorney are all valuable ways to set your expectations in advance. Do We Need a Marriage Contract? is written in clear, nontechnical language and includes real-life examples based on Canadian cases. Cochrane includes a sample marriage contract to address the critical issues you need to be aware of, including: Protection of assets brought into the marriage The special practical and financial concerns of blending children into new families Family pressure to have a marriage contract Business pressure to have a marriage contract How to have a discussion with your partner and not spoil the romance How marriage contracts work with your wills and Powers of Attorney How to work in a cost-effective way with a lawyer How to avoid the relationship mistakes that lead to divorce This is your future together. Get it right from the very beginning. Take the advice of Michael Cochrane, a lawyer with more than 30 years of experience in family law, and carefully consider the numerous issues that can affect your relationship.
"... describes and analyzes three types of agreements: premarital agreements, postmarital agreements, and domestic partnership agreements. A premarital agreement is a contract between prospective spouses, including same-sex couples, made in contemplation of marriage. A postmarital agreement is a contract executed by parties to an ongoing marriage and not incident to a divorce or marital separation. A domestic partnership agreement, sometimes known as a cohabitation agreement, is a contract executed by a couple whose domestic arrangements may not be state-sanctioned. However, the term also includes such an agreement executed incident to a civil union or registered domestic partnership. Generally, all of these agreements are used to define the property and support rights of the parties upon termination of the marriage or other relationship by death or dissolution. Some parties also opt to include financial obligations during the marriage or other relationship. This Portfolio does not cover separation agreements that settle property rights, spousal and child support obligations, and child custody matters incident to a separation or divorce"--Portfolio description.
This ring-to-altar guide is a valentine to anyone who’s dating, contemplating marriage, living with someone, or engaged. In Prenups for Lovers, family-law attorney Arlene G. Dubin describes how prenuptial agreements stimulate communication and compromise, enhancing the prospects for a happy marriage. In addition to defending the much-maligned prenup, Ms. Dubin offers a wise and witty handbook for negotiating an agreement, including: how to pop the “P” word, and how to respond if it’s popped to you; checklists to make sure there will be no court after the courtship; real-life profiles and celebrity tidbits special sections for young people, women, entrepreneurs, and cohabitants; tips for married couples (because it’s never too late). Every bride and groom will say “I do” to prenups after reading this book.
When people are going through the emotional trauma of separation and divorce, they turn to Canada's best-selling guide to family law, Surviving Your Divorce. In it, family law expert Michael G. Cochrane, LL.B., answers questions such as: What are my rights? What will happen to the children? How much does divorce cost? Surviving Your Divorce is a non-technical book that explains the legal options available to married, common-law, and same-sex couples going through separation or divorce. This popular guide covers child custody, division of property, support, domestic violence, the rights of common-law couples, and much more provides tips and strategies to help you negotiate separation and divorce with your lawyer, potentially saving a lot of time and money includes real-life stories that illustrate the application of family law includes samples of key legal and financial documents, a comprehensive resource section, and a glossary of legal terms Be prepared for the process of divorcing. You can help your lawyer by knowing what questions to ask and what steps are involved. Considering self-representation? An entirely new chapter shows you how to build a framework for your case the same way lawyers do, with 50 tips on how to handle court appearances and more. "This readable, informative book is packed with all the information necessary to make informed decisions about marriage and divorce agreements. Cochrane has taken pains to describe just about every legal pitfall and divorce experience imaginable." —Calgary Herald "This book is not intended to convince you to go it alone, without a lawyer. It's designed, rather, to help you know what to expect. . . This is a book full of common-sense advice delivered in plain talk." —The Gazette (Montreal) Money- and Anxiety-Saving Strategies How to Help Your Lawyer Help You What Not to Do When Going through Divorce Secrets, Tactics, and Strategies Used by Lawyers How to Represent Yourself in Court
The authors provide financial planning tools and strategies that enable unmarried couples to solve the financial, legal, and discriminatory dilemmas inherent in their living situation.
What is a family? What makes someone a parent? What rights should children have? In this Very Short Introduction Jonathan Herring provides an insight not only into what the law is, but why it is the way it is. It also looks at the future to consider what families will look like in the years ahead, and what new dilemmas the courts may face.
Prenuptial agreements have exploded over the past 20 years, not only among celebrities, but also for all types of people who desire to protect, manage, or enhance their personal, family, or business assets against foreseen and unforeseen circumstances. Attorneys have been assigned the task of cutting through a morass of issues to create agreements that achieve the goals of their clients while meeting complex, and often subtle, legal requirements. Drafting Prenuptial Agreements is the first guidebook ever to cover this growing area of family law. Written by Gary N. Skoloff and Richard H. Singer, Jr., Skoloff and& Wolfe, Livingston NJ, and Ronald L. Brown, Editor, American Journal of Family Law, Aspen Publishers, Drafting Prenuptial Agreements presents a pragmatic approach to preparing successful agreements quickly and effectively in any situation by grouping together and identifying the common areas that need to be addressed. The authors guide you through planning the agreement and the types of issues to discuss with different clients. This thoughtful organization gives you easy access to the tools you need to clearly present the range of choices to be addressed in each type of agreement and situation. Five sample agreements create broad groupings of issues which let you quickly zero in on the concerns parties at specific stages of life and affluence are most likely to want covered by their prenuptial agreement: YOUNG-YOUNG, EQUAL ASSETSand—For young people in the early stages of promising careers, where each has some assets and wants to protect these, as well as their careers, as separate property. YOUNG-YOUNG, DISPROPORTIONATE ASSETSand—For people of middle age or younger, where one already has, or is likely to acquire, substantial assets, and wants to protect these assets as separate property, while reasonably providing for the needs of the marriage, as well as the spouse and any children upon divorce. YOUNG-OLD, DISPROPORTIONATE ASSETSand—For a couple with a large age disparity, where the older party has substantial wealth which he or she wants to preserve for his or her estate, and also wants to provide for disability or incapacity. OLD-OLD, DISPROPORTIONATE ASSETSand—For an elderly couple, where one party has substantially fewer assets than the other, yet is comfortable, and where both want to protect their separate property, provide for a comfortable lifestyle during the marriage and reasonably provide for the spouse with fewer assets upon death or divorce. OLD-OLD, EQUAL ASSETSand—For older parties with similar assets who want to protect their property as separate, yet provide an arrangement by which they can live commensurate with their resources. Drafting Prenuptial Agreements includes a CD-ROM with sample agreements and hundreds of time-saving clauses!
The articles in Nordic Inheritance Law through the Ages – Spaces of Action and Legal Strategies explore the significance of inheritance law through the use of topical and in-depth studies that bring life to historical and contemporary Nordic inheritance law practices.