In pei, the definition of a spouse includes two legally married persons; two persons who live together in a conjugal relationship and who are the natural or adoptive parents of one or more children; or two people who have been in a conjugal relationship for three years or more. This definition of spouses includes same-sex couples. While the above defines the definition of ”spouse” according to the law, it is not necessary for a couple to be considered a ”spouse” according to the definition to enter into a concubine contract. ”Two persons who cohabit or who intend to live together and who are not married may enter into an agreement by which they agree on their respective rights and obligations during cohabitation, cessation of cohabitation or death, including: for a cohabitation agreement to be legally binding, it must be in writing and the agreement must be signed by the couple and a witness. A concubine`s contract is considered a national contract. Section 55. (4) The Family Law Act describes the cancellation of a national contract: although it is possible to write your own cohabitation contract, it is best to go to a lawyer to ensure that your agreement adequately protects your interests and is legally binding. The agreement will also be stronger if you and your spouse speak with different lawyers before the agreement is signed. This will prevent a spouse from later saying that he or she did not understand what he or she agreed to in the concubine`s contract. Separation agreements: Negotiating and signing a separation agreement is often the main goal after a couple has separated. A separation agreement defines the rights and obligations of each spouse with respect to spousal pension, property, child maintenance, relationships and custody, and other matters.
Common law couples are not subject to the same rules, and there is no legislation that guides you. Across Canada, unmarried couples are subject to the common law and the just principles of ”unjust enrichment” and ”constructive trust.” There is no automatic right to a share of the value or an interest in the property owned by a spouse in accordance with the Common Law. If you have contributed significantly to your common law partner`s property or estate, you may be able to claim compensation. If you and your common law partner set up a family, different considerations may apply. It is important to get legal advice, as this legal field is complex and evolving. If you are considering establishing a common law relationship or if you are already in one, you should consider entering into a concubine contract in which you will explicitly define rights and duties to each other when you separate. If the parties who have concluded a cohabitation contract decide to marry, in accordance with article 52. (2) Under the Family Law Act, the contract is considered a marriage contract. A concubine`s contract is a written contract (similar to a marriage or marriage contract, or ”pre-nup” for couples who marry legally) that can be entered into between common law spouses. . . .