Ontario Family Law

Cohabitation Agreement

A clear, enforceable contract for common‑law partners—protecting property, support, and expectations now and in the future.

Fast facts
  • Common‑law partners don’t automatically share property or equalization rights.
  • Agreements can convert to marriage contracts if you later marry.
  • Child‑related issues can’t be predetermined in the agreement.
Understanding Cohabitation Agreements

Cohabitation Agreement

A cohabitation agreement is a legally binding contract between two people who live together or plan to live together in a common‑law relationship. It sets out how property, debts, support, and financial responsibilities will be handled during the relationship and if it ends.

Unlike married spouses, common‑law partners in Ontario do not automatically share property or equalization rights under the Family Law Act. A cohabitation agreement gives clarity and protection by setting out rights and obligations in advance.

At GC Legal Support, we help clients create clear, enforceable agreements that prevent disputes and safeguard both partners’ interests.

The Law on Cohabitation Agreements

Family Law Act (Ontario), Part IV

Key Features
  • Must be in writing, signed by both parties, and witnessed.
  • Can deal with property ownership, division of assets, debts, and spousal support.
  • Can specify what will happen if the partners later marry — in which case, the agreement becomes a marriage contract.
  • Cannot deal with child custody or parenting time in advance; those are decided based on the child’s best interests at separation.
Why it matters
  • Common‑law partners keep property in their own name unless a contract or trust claim says otherwise.
  • Documenting expectations early prevents disputes and costly litigation.
Reasons to consider

Why Enter into a Cohabitation Agreement?

Clarify Property Rights – Decide in advance how property and debts will be shared.
Protect Assets – Preserve ownership of real estate, inheritances, or businesses.
Spousal Support – Establish whether support will be paid and, if so, how much and for how long.
Reduce Conflict – Avoid expensive litigation if the relationship breaks down.
Estate Planning – Ensure financial security in the event of a partner’s death.
How it works

The Process

1

Full Financial Disclosure

Each partner must provide complete and accurate information about assets, debts, and income.

2

Independent Legal Advice

Both partners should have their own lawyer. This ensures fairness and strengthens enforceability.

3

Drafting the Agreement

The contract is tailored to your relationship and may include property division, debt responsibility, and support provisions.

4

Signing & Witnessing

The agreement is signed and witnessed. It should be kept securely and updated if major life changes occur.

Support at every stage

How We Can Help

Drafting Cohabitation Agreements — Custom agreements reflecting your needs.
Independent Legal Advice — Ensuring both partners fully understand their rights.
Reviewing Existing Agreements — Updating contracts after major life changes (home purchase, children, business).
Litigation Support — Defending or challenging agreements if disputes arise.
Answers

Frequently Asked Questions (FAQ)

1. Are cohabitation agreements legally enforceable?

Yes, if properly drafted, signed, witnessed, and based on full disclosure. Courts generally enforce them unless they are grossly unfair.

2. Do common-law partners automatically share property in Ontario?

No. Unlike married couples, common-law partners do not have equalization rights. Without an agreement, each keeps property in their own name unless trust claims (like unjust enrichment) are made.

3. Can a cohabitation agreement cover spousal support?

Yes. You can agree on whether spousal support will be payable, and on what terms. Courts may review support clauses for fairness at separation.

4. What happens if we get married after signing a cohabitation agreement?

The cohabitation agreement automatically becomes a marriage contract unless otherwise specified.

5. Do we both need separate lawyers?

Strongly recommended. Independent legal advice increases the likelihood that the agreement will be upheld in court.

6. Can the agreement cover custody or parenting time?

No. Parenting issues are always decided at separation based on the child’s best interests.

Next Steps

Plan with Confidence

A cohabitation agreement provides security, clarity, and peace of mind for common‑law partners. At GC Legal Support, we ensure your agreement is carefully prepared, fair, and enforceable.

Contact Us