Cohabiting Agreements Template for Canada

A cohabiting agreement (also called a cohabitation agreement) is a written contract between two people who live together or plan to live together outside of marriage. It sets out how the couple will manage property, finances, and support obligations during the relationship and if they separate, providing legal clarity that provincial default rules may not automatically supply.

Yes, in provinces with family law legislation that expressly permits them, including Ontario, British Columbia, and Alberta. Courts will enforce them provided both parties had independent legal advice, made full financial disclosure, and the terms are not unconscionable. Quebec couples especially benefit from formal agreements since Quebec law gives common-law partners no automatic property rights.

Requirements vary by province. In Ontario, a cohabitation agreement must be in writing, signed, and witnessed. In British Columbia, the agreement must be signed by each party in the presence of a witness. Independent legal advice, while not always legally mandatory, is strongly recommended and is typically required for an agreement to withstand a later court challenge.

The agreement can cover ownership and division of existing and future property, financial responsibilities during the relationship, support obligations if the relationship ends, treatment of jointly acquired assets, and how debts will be allocated. It cannot validly contract out of child support obligations, as these belong to the child rather than the parents.

Yes. Under the Ontario Family Law Act, if the parties later marry, their cohabitation agreement automatically converts into a marriage contract with the same legal effect. In most other provinces a similar conversion operates, though the parties may wish to execute a formal marriage contract on marriage to update their arrangements.

Rights on separation depend entirely on the province. In Ontario and BC, long-term common-law partners have property and support rights similar to married spouses. In Quebec, de facto spouses have no automatic property rights and must rely on general property law. Without an agreement, disputes are resolved by courts applying provincial default rules.

Yes. Courts can set aside an agreement if a party did not understand it, was under duress or undue influence, there was a failure to disclose significant assets, or the terms are unconscionable. Independent legal advice and full financial disclosure by both parties at the time of signing are the strongest protections against a later challenge.

A cohabiting agreement remains valid indefinitely unless it is set aside by a court or replaced by a new agreement. However, significant changes in circumstances, such as the purchase of a new home, the birth of a child, or a substantial change in financial position, may make it prudent to review and update the agreement.