Cohabitation Agreements in Ontario: Protecting Your Rights Before Moving In

Why Do Common Law Couples Need a Cohabitation Agreement?

Unlike married spouses, common law partners in Ontario have no automatic right to share equally in property accumulated during the relationship. Without a cohabitation agreement, the outcome of a separation can be uncertain and expensive to resolve through litigation. A cohabitation agreement creates certainty and avoids the cost and conflict of court proceedings.

What Can a Cohabitation Agreement Cover?

• How property owned before and during the relationship will be divided on separation.
• Whether spousal support will be paid, and if so, in what amount and for how long.
• Ownership and responsibilities for the shared home.
• Division of shared expenses and financial responsibilities during the relationship.
• How debt will be handled on separation.
• Any other financial matters the couple wishes to address.

Legal Requirements for a Valid Cohabitation Agreement

Under Ontario’s Family Law Act, a cohabitation agreement must be in writing, signed by both parties, and witnessed. Both parties should receive independent legal advice before signing. Full financial disclosure by both parties is essential for the agreement to be enforceable.

What Cannot Be Included in a Cohabitation Agreement?

Like a marriage contract, a cohabitation agreement cannot include provisions that adversely affect the rights of a child or contract out of child support obligations. It also cannot override a spouse’s right to make a support claim in genuinely exceptional circumstances.

Can a Cohabitation Agreement Become a Marriage Contract?

Yes. Under Ontario’s Family Law Act, a cohabitation agreement automatically becomes a marriage contract if the parties later marry, unless the agreement specifically provides otherwise. This means that a cohabitation agreement entered into before marriage will continue to govern the parties’ rights after they marry.

When Should You Enter Into a Cohabitation Agreement?

The best time to enter into a cohabitation agreement is before moving in together, or as soon as possible after doing so. Like a marriage contract, a cohabitation agreement negotiated under pressure or in anticipation of an imminent separation may be more vulnerable to being set aside.

Can the Agreement Be Updated?

Yes. As circumstances change — for example, if you acquire a new property, start a business, or have children — it is wise to review and update your cohabitation agreement. Any amendment must follow the same formalities as the original agreement.