Cohabitation Agreement Template
A cohabitation agreement lets common-law partners set out how they will share property, expenses and support if the relationship ends. Our free Canadian template is drafted under the Family Law Act framework used in Ontario, BC and other Canadian provinces, with clear clauses on disclosure, independent legal advice and execution. In Canada, where common-law relationships are treated differently from marriage depending on the province, a written agreement is the most reliable way to protect each partner's interests.
Partner 1 Assets:
2022 Subaru Outback
TFSA at TD Waterhouse ($45,000)
Personal savings ($30,000)
Partner 2 Assets:
Investment portfolio at RBC ($60,000)
Musical instruments ($15,000)
Each Partner retains sole ownership of assets acquired before the commencement of cohabitation, together with any increase in value thereof, unless otherwise expressly agreed in writing.
Joint Account: Joint chequing account at TD Bank for shared household expenses, each contributing $2,000 per month
What Is a Cohabitation Agreement?
A cohabitation agreement is a domestic contract between two people who are living together or intend to live together in a conjugal relationship outside of marriage. In Ontario it is authorised by section 53 of the Family Law Act, R.S.O. 1990, c. F.3, which allows the parties to agree on their respective rights and obligations regarding property, support, children’s upbringing (subject to the court’s overriding duty) and “any other matter in the settlement of their affairs.” British Columbia has a parallel regime in Part 5 of the Family Law Act, S.B.C. 2011, c. 25.
The agreement is particularly important because common-law partners are treated differently from married spouses under Canadian law. In Ontario, for example, the equalization of net family property under Part I of the Family Law Act only applies to married spouses; common-law partners must rely on general principles of trust law and unjust enrichment if they want to share in property titled in the other partner’s name. A cohabitation agreement gives certainty and prevents expensive litigation.
In BC, by contrast, common-law spouses who have lived together for at least two years are entitled to divide family property and debt under the Family Law Act in essentially the same way as married spouses, unless they opt out by agreement. A cohabitation agreement in BC is therefore often used to preserve existing assets, protect an inheritance, or confirm that a family business or property will remain separate.
What's Covered in This Template
Our cohabitation agreement template covers the key issues common-law couples need to address.
Party Details
Full legal names, addresses and dates of birth of each partner, with the date cohabitation began.
Financial Disclosure Schedules
Schedules listing each partner’s assets, debts, income and liabilities at the date of the agreement.
Separate Property
Identification of assets each partner brings into the relationship and which will remain separate.
Jointly Owned Property
How the partners will hold and divide property acquired together during cohabitation.
Household Expenses
How rent, mortgage, utilities, groceries and other day-to-day costs will be shared.
Spousal Support
Whether either partner waives, limits or structures spousal support if the relationship ends.
Debts and Liabilities
Allocation of existing debts and rules about responsibility for debts incurred during cohabitation.
Inheritance and Gifts
Confirmation that inheritances and gifts received by one partner will remain that partner’s separate property.
Independent Legal Advice
Acknowledgement that each partner had the opportunity to obtain independent legal advice.
Execution and Witnesses
Signature blocks for both partners and an adult witness, meeting provincial execution requirements.
How to Create a Cohabitation Agreement
Follow these steps to prepare a cohabitation agreement that will stand up in court.
- 1
Discuss Your Goals
Talk openly with your partner about property, expenses, support and how you want to handle the end of the relationship.
- 2
Complete Financial Disclosure
Exchange full written disclosure of assets, debts, income and liabilities, ideally attached as schedules.
- 3
Draft the Agreement
Use the template to record your decisions on separate and joint property, expenses, debts and support.
- 4
Obtain Independent Legal Advice
Each partner should review the agreement with their own lawyer before signing, and keep the lawyer’s certificate.
- 5
Sign With a Witness
Sign the agreement in front of an adult witness as required by section 55 of the Family Law Act in Ontario (or equivalent provincial legislation).
Legal Considerations
Cohabitation agreements are governed by family law statutes that differ materially between provinces.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer in your province for advice specific to your situation.
Reviewed for Canadian law
Ontario — Family Law Act
Ontario’s Family Law Act, R.S.O. 1990, c. F.3, s. 53 allows unmarried cohabitants to make a binding cohabitation agreement. Section 55 requires the agreement to be in writing, signed and witnessed. Section 56 allows a court to set aside an agreement if a party failed to disclose significant assets or debts, did not understand the nature of the agreement, or on other grounds of general contract law.
British Columbia — Family Law Act
Under the Family Law Act, S.B.C. 2011, c. 25, s. 3, a “spouse” includes a common-law partner who has lived with the other person in a marriage-like relationship for at least two years. Family property is divided equally unless a written agreement provides otherwise. Section 93 sets out when a court can set aside a property agreement, including for significant unfairness or lack of disclosure.
Disclosure and Independent Legal Advice
Canadian courts take disclosure and independent legal advice seriously. In Miglin v Miglin and later cases, the Supreme Court of Canada emphasised that agreements negotiated with proper disclosure and independent legal advice will generally be enforced. Attaching detailed financial schedules and each partner's lawyer's certificate makes the agreement far more robust. This principle applies across all Canadian jurisdictions, whether the parties are in Ontario, British Columbia, Alberta or another province.
Children and Limits on Contract
Parents cannot bind a court regarding the best interests of their children. Any clauses about decision-making responsibility, parenting time or child support can be set aside under the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) and provincial family legislation. Focus the cohabitation agreement on property, debts and spousal support, and deal with children’s matters separately if and when the relationship ends.
Frequently Asked Questions
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