In New Brunswick, hiring a lawyer to provide Independent Legal Advice (ILA) and review a drafted cohabitation agreement generally costs a flat fee of $350 to $800 CAD. If the agreement requires extensive negotiations or redrafting, you will likely be charged an hourly rate of $250 to $450 CAD.
Living together in a common-law relationship in New Brunswick does not automatically grant you the same property rights as a legally married couple. Because the provincial Marital Property Act primarily protects married spouses, unmarried couples often rely on a Cohabitation Agreement to legally protect their individual assets and clarify their financial responsibilities. If your partner has presented you with one of these agreements, it is crucial that you do not sign it blindly.
Before you put pen to paper, you must have the document reviewed by your own lawyer. 🔍 This process is known as obtaining Independent Legal Advice (ILA). A lawyer in Saint John, Bathurst, or any local firm will explain how the contract affects your legal rights, particularly concerning property division and potential spousal support claims if the relationship ends.
Step-by-Step Process for Reviewing the Agreement
Getting a cohabitation agreement reviewed is a straightforward but essential process. 📍 The goal is to ensure the contract is fair, that full financial disclosure has been made, and that you are signing entirely of your own free will. Here is how the process usually unfolds in New Brunswick.
Step 1: Receiving the Draft and Disclosure
Your partner (or their lawyer) will provide you with a draft of the Cohabitation Agreement along with their full financial disclosure. You must review their CRA tax assessments, bank statements, and debt summaries to ensure they have been completely transparent about their financial standing.
Step 2: Meeting for Independent Legal Advice (ILA)
You will take these documents to your own independent lawyer. 👨⚐️ During this consultation, the lawyer will read through the contract, translate the complex legal jargon into Plain English, and advise you on what you might be giving up (such as a claim to the shared home or future support).
Step 3: Negotiating Changes
If your lawyer spots unfair clauses or missing protections, they will help you negotiate changes with your partner’s lawyer. For instance, you might request amendments to protect your own savings or to ensure you receive a fair share of any property you both contribute to.
Step 4: Signing the Certificate of ILA
Once you are fully satisfied with the terms, you and your lawyer will sign the agreement. 📝 Your lawyer will also sign a Certificate of Independent Legal Advice, which proves to the court that you understood the contract and signed it without coercion.
How Much Does it Cost in New Brunswick?
The cost of reviewing a cohabitation agreement is significantly less than the cost of drafting one from scratch, but it is still a necessary investment. Fees vary depending on how fair the initial draft is and how much negotiation is required.
- Basic ILA (No Negotiations): If the contract is fair, straightforward, and requires no changes, most New Brunswick lawyers charge a flat fee between $350 and $800 CAD.
- Review and Minor Negotiations: If your lawyer needs to draft a few emails to the opposing counsel to tweak certain clauses, expect to pay between $800 and $1,500 CAD.
- Extensive Re-Drafting: If the initial agreement is heavily one-sided and requires major negotiation, your lawyer will bill hourly. Total costs can easily reach $2,000 to $3,500 CAD depending on their hourly rate.
| Service Provided | Estimated Cost (CAD) | Time Required |
|---|---|---|
| Standard Review & ILA | $350 – $800 | 1 – 2 hours |
| Review + Minor Edits | $800 – $1,500 | 3 – 5 hours |
| Major Negotiation | $2,000+ | Varies (Billed Hourly) |
How Long Does the Process Take?
A simple review where no changes are required can often be completed in a single afternoon consultation. ⌛ However, you must factor in the time it takes to book an appointment with a family law firm, which can sometimes take a week or two.
If negotiations are necessary, the timeline extends. Exchanging revised drafts between two different law firms in New Brunswick generally stretches the process to 2 to 4 weeks. It is essential not to rush this phase; taking your time ensures your rights are thoroughly protected.
Frequently Asked Questions (FAQ)
Can my partner and I use the same lawyer to save money?
No. It is a conflict of interest for one lawyer to advise both parties. For the agreement to be legally solid, you must use a lawyer from a completely separate law firm for your Independent Legal Advice.
Why is ILA so important for cohabitation agreements?
Without a Certificate of ILA, it is very easy for one party to claim later that they didn’t understand the contract or were forced to sign it. ILA makes the agreement virtually watertight in the Court of King’s Bench.
What happens to the agreement if we get married later?
Most properly drafted cohabitation agreements include a “contemplation of marriage” clause. This means that if you legally marry, the cohabitation agreement automatically transitions into a prenuptial agreement.
Do common-law partners have to split property 50/50 in New Brunswick?
No. Unmarried partners do not have an automatic right to an equal division of property under provincial law. You generally keep what is in your own name, which is why having a clear agreement is so crucial.
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