030: Part 1 – How A Cohabitation Agreement or ‘Prenup’ Can Save You $1000s

Stephane MonPremier is my guest this week. He is a Lawyer who specializes in family law.


Stephane MonPremier graduated Magna Cum Laude from the University of Ottawa with a bachelor in sociology. He then went onto to Law School at the University of Ottawa (French Common Law Program), where he graduated Cum Laude in 2000.In February of 2002, Stéphane opened his own law practice in downtown Ottawa where he began practicing in association with a group of eleven other lawyers. His practice is focused on family law litigation, and wills/estates law.

Kyle and Stephane talk about the importance of a cohabitation agreement, how planning a separation early can save you $1000s of dollars, and that there is a difference between married and common law.


Key Points (Click the timecode like to go to that part of the interview)

  • [3:15] Many more deals now-a-days have a co-signer.
  • [4:20] I’m a big fan of cohabitation agreement (“Prenups”). They limit a lot of heartaches and save time.
  • [4:40] Without a cohabitation agreement, a court order for the average person will cost between $5,000 to $30,000.
  • [6:22] If you have items like a division of property and/or income division be unclear at the time of separation, the cost can be enormous. Not just in money, but in emotional cost as well.
  • [7:48] if you and your spouse don’t end up spending the rest of your lives together, how would you want to have your separation take place?
  • [8:25] The average price of a cohabitation agreement is between $800 to $2000.
  • [11:25] Scenario 1: A couple both put down a deposit on a home. One of them puts more of down payment than the other. What would that cohabitation agreement look like?
    • The intention of the agreement is to clarify both parties’ intentions and wishes at the time they purchased the home. For example, if the one that paid more wanted more than what is clarified in the agreement.
  • [16:15] Scenario 2: A couple just sold their home and had put money down on a new home. One of them decided to end the relationship. What happens?
  • [17:50] Prior to 1986, you could put anything into a cohabitation agreement. But now, the agreements have to be moral and not deal with issues like chastity or anything to do with children.
  • [21:30] Legally, I can only represent 1 party.
  • [24:00] An agreement signed without a lawyer or notary present is worthless.
  • [32:00] Can you pre-plan things in an agreement?
  • [32:40] If you’re not married, your partner’s pension can’t be accessed.


Contact Stephane MonPremier

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