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.
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:
The purpose of a cohabitation agreement is to:
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.
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 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:
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.
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:
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.
While you may come across a cohabitation agreement template, it’s important to adapt it to your situation and province.
Most agreements include:
Here’s a simplified sample cohabitation agreement outline:
Cohabitation Agreement
This agreement is made between:
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
3. Debts
4. Spousal Support
5. Estate Rights
6. Dispute Resolution
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.)
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.
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.
While technically you don’t need a lawyer to write one, independent legal advice is highly recommended to ensure enforceability.
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.
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.
Aimee SchallesHi, I'm Aimee, a co-founder of Jointly. I’ve been working as a lawyer in British Columbia for over ten years. I run a small law firm and love helping people solve everyday problems. I’ve seen the difficulties that ordinary people face in accessing reliable legal services. I’ve also seen many friends and clients go through challenging separations that could have been improved if they’d have had a prenup or cohabitation agreement. I hope Jointly helps people make the relationship agreement they’ve been thinking about! Latest posts by Aimee Schalles (see all)