Living together before marriage – or instead of marriage – is increasingly common in Canada. But did you know that without a cohabitation agreement, you may have fewer protections if your relationship ends?
A cohabitation agreement template can help couples understand what these agreements look like, but it’s important to remember that a template is just a starting point. A legally enforceable agreement must reflect your unique situation and comply with provincial family laws.
In this guide, we’ll walk you through what a cohabitation agreement is, its purpose, who needs one, and how to write one. We’ll also share a sample outline to give you an idea of what you need to think about for your own agreement.
What Is a Cohabitation Agreement?
A cohabitation agreement is a legal contract between two people who live together in a marriage-like relationship, whether or not they plan to marry.
In Canada, these agreements are especially important for common law partners, who don’t automatically have the same rights as married couples in every province.
Cohabitation agreements can cover:
- Property ownership and division.
- Financial responsibilities during the relationship.
- Debt management.
- Spousal support obligations (sometimes called alimony).
- What happens if the relationship ends or one partner passes away.
What Is the Purpose of a Cohabitation Agreement?
The purpose of a cohabitation agreement is to:
- Provide clarity and security in a relationship.
- Protect assets and property.
- Reduce conflict if the relationship ends.
- Outline financial expectations during cohabitation.
- Give common law partners rights similar to married couples in areas like property division and support.
Who Needs a Cohabitation Agreement?
Cohabitation agreements are useful for any couple living together in a long-term relationship. Even in provinces where common-law couples have the same rights as married couples under provincial law, it can still be helpful for couples to make an agreement to get on the same page about your finances during your relationship and your expectations of one another if the relationship ends.
Domestic Partners
The term domestic partners is sometimes used to describe unmarried couples who share a household. In Canada, this is often synonymous with common law partners. A cohabitation agreement ensures both partners are legally protected if the relationship ends.
Common Law Partners
Common law partners are couples who live together in a marriage-like relationship without being legally married. Each province has its own definition of when partners become “common law.” For example:
- In Ontario, couples are considered common law after three years of living together, or sooner if they have a child together.
- In British Columbia, the threshold is two years.
- In Alberta, “Adult Interdependent Relationships” can be recognized even sooner.
Because common law rights vary across Canada, a cohabitation agreement is the best way to ensure your wishes are respected. We also have an article here that explains when you become common law in each province.
Provinces That Recognize Common Law Marriages
The term “common law marriage” is not typically used in Canada. But provinces do recognize common law partnerships or adult interdependent relationships for the purposes of spousal support, property division, and estate rights.
Here are some examples:
- Ontario: Common law partners may claim spousal support but don’t automatically share property.
- British Columbia: Common law partners (living together 2+ years) are treated similarly to married spouses for property division.
- Alberta: Recognizes “Adult Interdependent Relationships,” which carry spousal rights.
As you can see, the default law for common law couples varies across Canada. A cohabitation agreement lets you decide for yourself what’s right for your partnership, rather than relying on the law written in your province.
How To Write a Cohabitation Agreement
While you may come across a cohabitation agreement template, it’s important to adapt it to your situation and province.
What Should a Cohabitation Agreement Include?
Most agreements include:
- Property ownership: Who owns what before and during the relationship.
- Shared assets: How homes, vehicles, or joint accounts will be divided.
- Debt responsibility: Who is responsible for which debts.
- Spousal support: Whether support will be paid if the relationship ends.
- Inheritance or estate rights: What happens if one partner passes away.
- Dispute resolution: How disagreements will be handled (e.g., mediation before court).
Practical Tips for Writing One
- Be clear and specific – avoid vague promises.
- Make full financial disclosures.
- Get independent legal advice – courts are more likely to enforce agreements if both partners had lawyers. It’s not required in every province, but it’s always a good idea if you can afford it.
- Update the agreement if circumstances change (e.g., children, new property, or major life changes).
Sample Cohabitation Agreement
Here’s a simplified sample cohabitation agreement outline:
Cohabitation Agreement
This agreement is made between:
- Partner A (full name, address, date of birth)
- Partner B (full name, address, date of birth)
1. Purpose
The purpose of this agreement is to set out the rights and obligations of the partners while living together, and in the event the relationship ends.
2. Property
- Property owned before cohabitation remains the sole property of the owner.
- Property acquired during the relationship will be divided as follows: [insert terms].
3. Debts
- Each partner remains responsible for their own debts unless jointly agreed otherwise.
4. Spousal Support
- [Waived entirely / Limited to X years / Determined according to provincial guidelines].
5. Estate Rights
- Each partner’s estate plan will respect this agreement.
6. Dispute Resolution
- Partners agree to attempt mediation before pursuing court action.
Signatures
Partner A: _____________________ Date: _______
Partner B: _____________________ Date: _______
Witnesses/Lawyers: _____________________
(Note: This is only a sample outline for educational purposes. To be enforceable, a cohabitation agreement must be tailored to your situation and reviewed by a lawyer.)
FAQs
Can I update my cohabitation agreement?
Yes. You can update or replace your agreement at any time if both partners agree. This is especially important if circumstances change (like having children or buying a home). It’s a good idea to review your agreement regularly and make sure it is still fair in your current circumstances.
How much does a cohabitation agreement cost?
Costs vary. Hiring a lawyer to draft one can cost $2,500–$5,000+ depending on the complexity of your situation. Using Jointly’s platform is a more affordable way to create a reliable, customized agreement.
Do you need a lawyer for a cohabitation agreement?
While technically you don’t need a lawyer to write one, independent legal advice is highly recommended to ensure enforceability.
Are cohabitation agreements legally enforceable?
Yes – if done properly. Courts are more likely to enforce agreements where both partners had independent legal advice, full financial disclosure, and where the terms are fair.
Final Thoughts
A cohabitation agreement template can give you an idea of what these agreements look like. But to be truly effective, your agreement needs to reflect your specific circumstances, your province’s laws, and the principles of fairness.
At Jointly, we make it easy to create clear, customized, and affordable cohabitation agreements.
👉 Ready to protect your relationship with a cohabitation agreement? Visit getjointly.ca to get started today.
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