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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.
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COHABITATION AGREEMENT
Province Of Ontario, Canada
PARTNER 1
Aisha L. Williams
88 Queen Street West, Toronto, ON M5H 2N2
DOB: July 14, 1991
Occupation: Software Engineer
DOB: July 14, 1991
Occupation: Software Engineer
PARTNER 2
Marc-André Dubois
88 Queen Street West, Toronto, ON M5H 2N2
DOB: March 3, 1990
Occupation: Graphic Designer
DOB: March 3, 1990
Occupation: Graphic Designer
Cohabiting since: January 15, 2024
Agreement Date: June 1, 2026
Ontario: This is a cohabitation agreement under section 53 of the Family Law Act, R.S.O. 1990, c. F.3. If the Parties subsequently marry, this Agreement is deemed to be a marriage contract under FLA s. 53(2). Common-law spouses in Ontario do not acquire equalization rights — see Kerr v. Baranow, 2011 SCC 10, on unjust-enrichment / joint-family-venture remedies.
This Cohabitation Agreement (this "Agreement") is entered into on June 1, 2026 between Aisha L. Williams ("Partner 1") and Marc-André Dubois ("Partner 2"), collectively the "Partners," who have been cohabiting since January 15, 2024. The Partners currently reside together at 88 Queen Street West, Toronto, ON M5H 2N2. The Partners wish to define their respective rights and obligations regarding property, finances, the family residence, and support during and after their relationship.
1.
PURPOSE AND COHABITATION STATUS
The Partners confirm that they are in a committed conjugal relationship and have been living together since January 15, 2024. They wish to record their agreement on financial and property matters and to avoid future litigation. The Supreme Court of Canada has encouraged the use of domestic contracts to settle these matters (Anderson v. Anderson, 2023 SCC 13, paras. 1, 60).
2.
FULL AND FRANK FINANCIAL DISCLOSURE
Each Partner confirms that, prior to signing this Agreement, they have made full and frank disclosure to the other Partner of their significant assets, debts, income, and other material financial circumstances. Both Partners acknowledge that they have had the opportunity to review and verify the other's disclosure. Material non-disclosure is a ground to set aside a domestic contract (Hartshorne v. Hartshorne, 2004 SCC 22; Rick v. Brandsema, 2009 SCC 10).
3.
PRE-COHABITATION PROPERTY
The Partners acknowledge the following pre-cohabitation property, each of which shall remain the separate property of the respective Partner unless commingled or otherwise expressly transferred in writing:
Partner 1 Assets:
Condominium at 88 Queen Street West, Toronto (purchased in 2022, valued at $720,000)
RRSP account at Wealthsimple ($95,000)
Partner 2 Assets:
Tax-Free Savings Account at EQ Bank ($60,000)
Professional design equipment and software licences (valued at $25,000)
Partner 1 Assets:
Condominium at 88 Queen Street West, Toronto (purchased in 2022, valued at $720,000)
RRSP account at Wealthsimple ($95,000)
Partner 2 Assets:
Tax-Free Savings Account at EQ Bank ($60,000)
Professional design equipment and software licences (valued at $25,000)
4.
FAMILY RESIDENCE
The family residence is the sole property of Partner 1. Partner 2 shall not acquire any beneficial, legal, or equitable interest in the family residence by reason of their cohabitation, their financial contribution to maintenance or improvements, or any other ground. Partner 2's right to occupy the residence ceases upon termination of cohabitation, subject only to a reasonable transition period.
5.
SHARED EXPENSES
The Partners shall share household expenses in proportion to their respective gross incomes. The proportion shall be re-calculated annually based on the prior year's tax-filing income, with adjustments effective 1 January.
Joint accounts: Joint chequing account at TD Bank for household expenses; each Partner deposits a fixed monthly amount calculated under the income-pro-rata rule.
Joint accounts: Joint chequing account at TD Bank for household expenses; each Partner deposits a fixed monthly amount calculated under the income-pro-rata rule.
6.
PROPERTY DIVISION ON TERMINATION OF COHABITATION
Upon termination of cohabitation, each Partner shall retain sole ownership of the property held in their own name. Each Partner waives any claim to the property of the other based on resulting trust, constructive trust, unjust enrichment, joint family venture, or any similar equitable or statutory doctrine, except where the property was acquired with documented joint contributions or held jointly on title.
7.
PARTNER SUPPORT
Spousal or partner support, if any, shall be determined in accordance with the Spousal Support Advisory Guidelines (SSAG) and the applicable statutory framework, having regard to the length of cohabitation, the role of each Partner during the relationship, and each Partner's financial circumstances at separation. The Partners acknowledge the two-stage Miglin review framework.
8.
REVIEW ON MATERIAL CHANGE
The Partners agree to review the operation of this Agreement at intervals of 5 years from the date of cohabitation, and upon the occurrence of any material change in circumstances, including the birth or adoption of a child, the loss of employment of either Partner, the acquisition or sale of the family residence, the receipt of substantial inheritance or insurance proceeds, or the onset of serious illness. A review shall not, of itself, alter the Partners' rights under this Agreement; any variation requires a written amendment executed in accordance with the formal requirements of this Agreement.
9.
INDEPENDENT LEGAL ADVICE
Each Partner acknowledges that they have been advised to obtain, and have had the opportunity to obtain, independent legal advice ("ILA") from separate legal counsel regarding this Agreement. Each Partner confirms that they enter into this Agreement voluntarily, without duress, undue influence, or misrepresentation, and with full understanding of its nature and legal consequences. The Supreme Court of Canada has held that ILA is not a strict statutory requirement for a domestic contract to be enforceable, but is a powerful factor against later set-aside applications under both the Miglin framework and the family-property regime (Anderson v. Anderson, 2023 SCC 13, paras. 53–56; LeVan v. LeVan, 2008 ONCA 388 on duress and lack of ILA).
Counsel of Record:
Partner 1 was advised by: Jennifer Wei, Barrister and Solicitor (Toronto).
Partner 2 was advised by: Olivier Tremblay, Barrister and Solicitor (Toronto).
Counsel of Record:
Partner 1 was advised by: Jennifer Wei, Barrister and Solicitor (Toronto).
Partner 2 was advised by: Olivier Tremblay, Barrister and Solicitor (Toronto).
10.
EXECUTION AND WITNESSING
This Agreement shall be executed in writing, signed by each Partner, and the signature of each Partner shall be witnessed as required by section 55(1) of the Ontario Family Law Act. Each Partner shall sign in the physical or videoconference presence of the witness (electronic witnessing as permitted by the applicable provincial electronic commerce legislation is acceptable, provided contemporaneous audio-visual communication is maintained throughout). The Partners identify the witness as Priya R. Kaur, of 50 Wellington Street West, Toronto, ON M5L 1B5, who attests to having observed each Partner sign this Agreement.
11.
SET-ASIDE AWARENESS (ONTARIO FLA S. 56(4))
The Partners acknowledge that, under section 56(4) of the Ontario Family Law Act, a court may set aside a domestic contract or a provision in it if (a) a Partner failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the contract was made; (b) a Partner did not understand the nature or consequences of the contract; or (c) otherwise in accordance with the law of contract. The Partners have read this clause, understand it, and confirm that none of these grounds applies to this Agreement at the date of execution.
12.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario.
13.
GENERAL PROVISIONS
Entire Agreement: This Agreement constitutes the entire agreement between the Partners regarding the matters herein and supersedes all prior negotiations and understandings. Amendment: This Agreement may only be amended in writing signed by both Partners and re-witnessed in the same manner as this Agreement. Severability: If any provision is found unenforceable, the remaining provisions shall remain in full force. Binding Effect: This Agreement binds the Partners and their respective heirs, executors, legal representatives, and permitted assigns. Effect of Subsequent Marriage: If the Partners later marry, this Agreement is deemed to continue as a marriage contract under applicable provincial legislation (e.g., Ontario FLA s. 53(2)) unless the Partners execute a new marriage contract that expressly supersedes it. Child Matters: Nothing in this Agreement displaces statutory child-support or child-custody/parenting determinations made in the best interests of any child.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
PARTNER 1
Aisha L. Williams
Date: ____________________
PARTNER 2
Marc-André Dubois
Date: ____________________
WITNESS
Priya R. Kaur
Date: ____________________
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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).
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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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