SOURCE: Kushner Law

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June 30, 2016 11:00 ET

Vancouver Lawyers Examine Significant Unfairness in Cohabitation Agreements

Vancouver Lawyers Explain Why BC Courts May Set Aside a Cohabitation Agreement Made Respecting Property in Their Latest Online Blog

VANCOUVER, BC--(Marketwired - June 30, 2016) - Kushner Law Group, a team of Vancouver lawyers, often work with people endeavoring to set up cohabitation agreements.

In Vancouver, exorbitant property costs are driving people to live together, even if they do not intend to be involved in a marriage-like relationship. In order to avoid the legal liabilities of being recognized as common law, a cohabitation agreement spells out how property will be divided when cohabitation ends. However, the agreement may be put aside under certain circumstances. For more information, go to: http://kushnerlaw.ca/cohabitation-agreements-bc-law-unfairness-voidable-reason/

A cohabitation agreement functions like a prenuptial agreement, but no marriage is required. The blog goes on to quote Section 93 of the Family Act, which specifies under which circumstances the Supreme Court may set aside a portion or all of the agreement.

Effectively, Section 93 boils down to two issues: They are:

a) significant unfairness and
b) a voidable reason at common law which could cancel a contract

The issue of significant unfairness arises most frequently in cases where the relationship/marriage has been of a long duration and where one spouse would be significantly disadvantaged if the agreement is upheld. Alternatively, the issue of a voidable reason at common law arises in cases where such an agreement was signed under duress or through the use of fraud.

If you have questions regarding the creation or the enforceability of a cohabitation, prenuptial, or marriage agreement, it's best to speak to a Vancouver lawyer who is experienced in family law. Contact the Kushner Law Group today at 604-629-0432 to schedule a consultation.

About the Company

The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.

For additional information, please visit http://kushnerlaw.ca/ or call 604-629-0432.

Contact Information

  • Kushner Law Group
    Lars Kushner
    Phone 604-629-0432
    Fax 604-689-4451

    Company website: http://kushnerlaw.ca/
    1008 Beach Ave #105