Cohabiting Agreement Template for Canada

A cohabiting agreement is a legal contract between two people who live together in a common-law relationship in Canada. This document establishes your rights, responsibilities, and expectations while you're together and protects both parties' interests if the relationship ends. Unlike marriage, common-law relationships in Canada don't automatically provide the same legal protections, making a cohabiting agreement essential for safeguarding your financial and personal interests.

When do you need this document?

You should consider a cohabiting agreement before moving in together or as soon as possible after starting cohabitation. This document becomes particularly important when you're purchasing property together, combining finances, or when one partner has significantly more assets than the other. If you're planning to have children, own a business, or expect to receive an inheritance, a cohabiting agreement helps clarify how these matters will be handled. The agreement is also valuable when you want to opt out of certain provincial laws that would otherwise apply to your relationship, such as automatic property sharing provisions that exist in some provinces.

Key legal considerations

Your cohabiting agreement must address several critical areas to be legally effective. Property division clauses should specify how assets acquired before and during the relationship will be treated, including the family home, investments, and personal belongings. Financial provisions should cover day-to-day expenses, debt responsibilities, and potential spousal support obligations. If you have children from previous relationships or plan to have children together, parenting arrangements and child support considerations should be included. The agreement should also establish procedures for dispute resolution and specify conditions under which the agreement can be modified or terminated. Both parties must enter the agreement voluntarily with full financial disclosure, and independent legal advice is strongly recommended to ensure enforceability.

Legal requirements in Canada

Canadian cohabiting agreements must comply with provincial Family Law Acts, which vary across provinces and territories. The agreement must be in writing and properly executed according to provincial requirements, typically requiring signatures from both parties and witnesses. Full financial disclosure is mandatory - both parties must provide complete information about their assets, debts, and income. Independent legal advice for each party is highly recommended and may be required for certain provisions to be enforceable. The agreement cannot include illegal provisions or terms that violate public policy, such as limiting child support below statutory minimums. Provincial laws may also impose specific requirements for agreements involving First Nations members living on reserve lands under the Family Homes on Reserves and Matrimonial Interests or Rights Act.