COHABITATION & DIFFICULT CONVERSATIONS

Entering into a Cohabitation Agreement can be a challenging endeavor for various reasons.

While it may seem counterintuitive to discuss the end of a relationship while planning a future together, there are several factors that contribute to the difficulty of signing a?Cohabitation Agreement.

Firstly, societal perceptions play a significant role. Cohabitation Agreements are often associated with a lack of trust or an expectation of relationship failure. People may feel uncomfortable acknowledging the possibility of separation when they are committing to a lifelong partnership.

Moreover, discussing financial matters can be inherently sensitive. Money is a common source of conflict in relationships, and delving into the specifics of how assets will be divided in the event of a separation can amplify anxieties and insecurities. Couples may fear that raising the topic of a Cohabitation Agreement could lead to arguments or create tension before they even embark on their journey.

Another obstacle is the emotional aspect of the discussion. Engaging in conversations about potential separation can be emotionally taxing. Couples may worry that suggesting a Cohabitation Agreement implies a lack of commitment or an unwillingness to fully invest in the relationship. The emotional weight of such discussions can make it challenging for individuals to approach the topic with sensitivity and understanding.

Legal complexities also contribute to the difficulty of establishing Cohabitation Agreements. The laws surrounding them vary, and navigating the legal landscape requires careful consideration.

Individuals may find the legal process daunting, leading to procrastination or avoidance.

Communication is crucial in any relationship, and discussing a Cohabitation Agreement demands open and honest dialogue. However, some couples may struggle with effective communication, making it difficult to express their concerns and expectations clearly. Misunderstandings can arise, further complicating the negotiation process.

In conclusion, the difficulty of entering into a Cohabitation Agreement stems from a combination of societal perceptions, financial sensitivities, emotional complexities, legal intricacies, and communication challenges. Despite these hurdles, addressing the topic with empathy, transparency, and a focus on long-term financial security can help couples navigate the process and foster a stronger foundation for their future together.

In my 30 years of helping spouses enter and exit relationships, I have witnessed some unhealthy relationships end,?directly because of the conversations about a Cohabitation Agreement. Such clients have thanked me for helping them avoid more risk, hurt and expense by entering a long term relationship that was not meant to be.

Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto.?He is a Certified?Specialist?in Family Law and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator, Arbitrator and Parenting Coordinator. As a?Divorce Mediator, Steve uses his 30 years of in-depth knowledge of family law,?court-room experience?and expert problem-solving skills in Divorce Mediation to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.?