If you’re living with your partner or planning to move in together, you might have wondered: do you need a prenup for common law relationships in Canada? The short answer: not exactly, but you do need something similar if you want legal protection.
For married couples, a prenuptial agreement (or pre-marriage agreement) is the standard tool for setting out property, debt, and support arrangements. But if you’re in a common law relationship, you won’t use a marriage-based prenup. Instead, you’ll need a cohabitation agreement, sometimes called a common law prenup, prenuptial agreement, or common law partnership agreement.
If you’re wondering what is a cohabitation agreement, why it matters for unmarried couples, and how you can create one that protects both partners, keep reading!
Understanding Common Law Relationships and Legal Protection
What Is a Common Law Agreement?
A common law agreement (also known as a common law partner agreement) is a legal contract between two people who live together in a relationship but aren’t legally married. If you’ve ever wondered what is a common law agreement, it’s essentially the same as a prenup or marriage agreement, for people who aren’t married and may not plan to marry in the future. Each of these agreements is a way to put your shared understanding of your rights and responsibilities in your relationship in writing.
It can cover:
- How property will be owned or divided
- Responsibility for debts
- Spousal support arrangements
- Estate and inheritance planning
- And more.
Without one, the laws that apply to common law couples in your province may leave you with fewer rights than married spouses, especially when it comes to property division. Alternatively, it may also lead to one person having to share property that they thought was theirs alone. That’s why many couples choose to sign a common law prenup before or during their time living together. Clarity at the beginning of your relationship can save you from a lot of heartache (and legal fees) at the end.
Why You Might Need a Common Law Prenup
If you’ve asked yourself do you need a prenup for common law, you’re not alone. Many people assume living together automatically gives you the same rights as marriage, but in many provinces, that’s not the case.
A cohabitation agreement for unmarried partners can:
- Clarify asset ownership
- Outline how to divide property if you break up
- Protect each partner from the other’s debts
- Reduce conflict and legal costs in the future
This isn’t about expecting your relationship to fail – it’s about building trust and security, just like any good pre-cohabitation agreement or pre-marriage agreement.
How to Get a Cohabitation Agreement for Unmarried Partners
If you’ve been wondering how to get a cohabitation agreement, it’s simpler than you might think:
- Talk to your partner — Share why you want this agreement and how it benefits you both.
- Decide what to include — Property, debts, support, and anything else relevant.
- Put it in writing — Use an accessible online tool like Jointly to create a simple cohabitation agreement or standard cohabitation agreement that is tailored to your circumstances.
- Sign it properly — Agreements must be signed and witnessed. Independent legal advice for both partners makes the agreement stronger, and is legally required in some provinces.
Taking the time to create this document can save you from complicated disputes later.
Key Differences Between Prenuptial and Cohabitation Agreements
Prenuptial Agreement and Common Law
A prenuptial agreement (sometimes called a prenup contract) is designed for married couples or those planning to marry. In a common law relationship, you’re not entering a legal marriage, so the name of the agreement changes.
When you’re unmarried, you use a cohabitation agreement or common law agreement. Both documents serve the same purpose – to set expectations, protect assets, and reduce future conflict.
Cohabitation Agreement Essentials
A standard cohabitation agreement should be:
- Clear and detailed about property ownership
- Specific about debt responsibility
- Inclusive of spousal support terms
- Adaptable if your relationship changes (e.g., you later get married)
If you do marry, your cohabitation agreement can be converted into a pre-marriage agreement or prenup, ensuring that your agreement continues to apply despite your change in legal status.
Benefits of a Cohabitation Agreement
Protecting Assets with a Cohabitation Agreement
A cohabitation agreement is a proactive way to keep things fair from the start. The benefits are clear:
- Maintain ownership of assets you had before living together
- Decide how shared purchases will be owned
- Protect inheritances, business interests, or savings
- Avoid the uncertainty of court intervention
Cohabitation agreements, like a prenup or marriage agreement, aren’t just for the wealthy. They’re for anyone who wants to make a clear, respectful plan for their future with their partner.
Canadian Prenuptial Agreements and Common Law Protections
What Is a Prenuptial Agreement in Canada?
In Canada, a prenuptial agreement (also known as a prenup agreement) is a legal contract made before marriage that sets rules for property, debts, and support. If you’re curious what does a prenup do, it essentially overrides certain default legal rules so you and your partner can decide what’s fair in your relationship.
How Canadian Prenuptial Agreements Apply to Common Law Couples
For common law couples, a cohabitation agreement provides the same benefits as a prenup. Both have the same purpose – to create clarity and protection in your relationship, both while you’re together and if you decide to go your separate ways in the future.
Whether it’s a Canadian prenuptial agreement for married couples or a cohabitation agreement for unmarried partners, both are valid, legally binding ways to protect your future.
Let’s Create Your Agreement Today
Ensure Your Prenup or Cohabitation Agreement Meets Legal Standards
At Jointly, we make it easy to create a prenup or cohabitation agreement that meets your needs. We guide you step-by-step, explain the law in your province, and help you build an agreement that is valid in your province.
If you’ve been wondering do you need a prenup for common law, the answer is: you need the common law version which is a cohabitation agreement. And the best time to make one is now.
Start your cohabitation agreement today at getjointly.ca and protect your relationship, your financial future, and your peace of mind.
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