Cohabitation agreements are a valuable tool for unmarried couples who want to protect their rights and outline how finances, property, and responsibilities will be handled during and after their relationship. But what happens when an agreement no longer feels fair, or one partner questions its validity? Can a cohabitation agreement be voided?
In short, yes – under specific circumstances. But voiding a cohabitation agreement in Ontario (or elsewhere in Canada) isn’t as simple as changing your mind. The courts take these contracts seriously, especially when they’re drafted properly. However, certain legal flaws or unfair conditions can render an agreement unenforceable.
This guide explains when and how a cohabitation agreement can be voided, what red flags to watch for, and how to protect yourself – whether you’re entering into an agreement or considering contesting one.
Legal Grounds for Voiding an Agreement
When Can a Cohabitation Agreement Be Voided?
Cohabitation agreements are private legal contracts between two unmarried partners who live – or plan to live – together. While courts generally uphold these contracts, they can be voided (declared legally unenforceable) in specific situations. Grounds for voiding a cohabitation agreement include:
- Incomplete or dishonest financial disclosure
- Coercion or pressure during the signing process
- Unfair or unconscionable terms
- Procedural flaws in how the agreement was created
To void an agreement, you must apply to the court and prove that it meets one or more of these criteria.
Common Reasons Courts Invalidate Agreements
Ontario courts (and those in other provinces) have invalidated cohabitation agreements in cases where:
- One partner hid key financial information, like assets or debts.
- The agreement was signed under emotional pressure, threats, or manipulation.
- The terms were so lopsided that enforcing them would be unconscionable.
- One party didn’t have an opportunity to obtain independent legal advice.
- The agreement was made based on false information or fraud.
These are not merely technicalities – they speak to the integrity and fairness of the agreement, which is what courts will scrutinize.
Key Factors That Lead to Voiding
Lack of Full Financial Disclosure
In both prenuptial and cohabitation agreements, full financial disclosure is critical. Courts in Ontario have ruled that hiding assets, undervaluing property, or failing to disclose debts can be grounds to void an agreement.
Without a clear picture of each person’s finances, a partner may agree to terms they wouldn’t have otherwise accepted. This undermines the concept of informed consent and makes the agreement vulnerable to challenge.
Coercion, Duress, or Fraud During Signing
Courts won’t uphold agreements signed under pressure. This includes:
- Last-minute demands before moving in or shortly before a wedding
- Emotional or financial threats
- Misrepresentation of facts or terms
- Lack of time to consult a lawyer
Even subtle forms of pressure can tip the scales. If one partner felt they had no real choice other than signing the agreement, a judge may decide the agreement wasn’t truly voluntary.
Unconscionable or Unfair Terms
If an agreement heavily favors one partner at the expense of the other, the court may find it unconscionable. For example:
- One partner waives all rights to spousal support, even after years of financial dependence
- The division of property leaves one partner in financial hardship
- The agreement reflects power imbalances, such as one person controlling all assets or income
While courts respect private agreements, they won’t enforce contracts that are fundamentally unjust. If one partner will be left destitute while the other is comfortable, it’s unlikely that a court would view that agreement as fair.
Steps to Void a Cohabitation Agreement
Legal Process for Contesting an Agreement
To void a cohabitation agreement, the process typically involves:
- Filing a claim in court (such as during separation proceedings)
- Providing evidence of one or more legal grounds for voiding
- Attending hearings or case conferences to present your case
- A judge reviewing the agreement, surrounding circumstances, and applicable laws
It’s important to note that courts don’t void agreements lightly. The burden of proof falls on the person contesting the agreement.
Working with a Lawyer to Invalidate Your Agreement
If you believe your agreement should be voided, consult a family law lawyer early. A lawyer can help you:
- Assess whether your situation meets legal criteria
- Gather supporting evidence (such as emails, texts, financial records)
- File the necessary documents in court
- Represent you during negotiations or litigation
They may also explore whether the agreement can be amended instead of voided entirely. It is possible to represent yourself in court, but it can be a highly challenging and technical process. If you can afford to hire a lawyer to help you, it is extremely beneficial.
Implications of Voiding an Agreement
Impact on Property Division and Financial Rights
When an agreement is voided, default provincial laws apply. In Ontario, for common law couples, this may mean:
- No automatic right to property division (unless unjust enrichment is proven)
- Possible entitlement to spousal support, depending on length and nature of the relationship
- Increased reliance on litigation to resolve disputes
In essence, voiding the agreement means the protections and boundaries it created are removed.
Reconciliation and Its Effect on Agreement Validity
If a couple reconciles after signing – or after beginning to challenge – an agreement, the agreement may still be valid. However, if both parties acted as though the agreement no longer applied, a court might view it as abandoned or modified by conduct.
It’s important to be consistent: if you continue to rely on the agreement, update it. If you’ve changed course, make those changes official. A cohabitation agreement is a document you should revisit regularly throughout your relationship.
Drafting Strong Agreements to Avoid Voiding
Best Practices for Creating Enforceable Agreements
The best way to avoid issues later is to get the agreement right from the start. That means:
- Full financial disclosure, documented and signed
- Clear, fair terms that reflect each person’s contributions and needs
- Enough time for review—don’t rush the process
- Updates when major life changes occur (like having kids or buying property)
- Independent legal advice for both parties, if you can afford it
A well-drafted agreement helps prevent future disputes and protects both partners—whether they stay together or not.
Comparing Voiding and Amending Agreements
When to Amend vs. Void a Cohabitation Agreement
Sometimes an agreement feels outdated, not unfair. If circumstances have changed (e.g. kids, income changes, or long-term caregiving), it may be better to amend the agreement instead of voiding it.
Amending allows you to:
- Preserve the valid parts of the agreement
- Update outdated sections
- Rebalance rights and obligations fairly
Voidance, on the other hand, wipes the agreement off the table entirely. You can then rely on provincial law, or create a new agreement.
Legal Process for Updating or Dissolving Agreements
To amend an agreement:
- Review the original contract
- Draft a new agreement signed by both parties, either using Jointly’s online platform or by seeing a lawyer in your area.
- Ensure updated financial disclosure and independent legal advice
To dissolve an agreement without the agreement of both partners, you’ll need a court order.
Special Considerations for Common Law Partners
Provincial Variations in Common Law Agreements
Family law varies by province. In Ontario, common law couples do not automatically share property – even if they’ve lived together for many years.
A cohabitation agreement in Ontario can override this by granting property rights, spousal support, or inheritance rights that wouldn’t otherwise exist.
In British Columbia, the rules are different: common law partners who’ve lived together for two years have similar property rights as married spouses. This means the impact of voiding an agreement can differ depending on where you live.
Rights and Protections Under Canadian Cohabitation Law
A cohabitation agreement is often the only legal protection for unmarried partners. Voiding one removes those protections. That’s why it’s essential to:
- Understand what rights you have (or don’t)
- Keep your agreement updated
- Seek legal advice if you’re unsure of your rights
Our Agreement Starter Kit will take you through everything you need to know about family law in your province.
What Is a Cohabitation Agreement?
Understanding the Purpose of a Cohabitation Agreement
A cohabitation agreement outlines how an unmarried couple will handle:
- Property ownership and division
- Shared expenses
- Debt responsibilities
- Spousal support (if any) upon separation
- Inheritance intentions
It’s a form of relationship planning that provides clarity and reduces conflict – similar to a prenuptial agreement, but tailored to common law couples.
How Cohabitation Agreements Protect Unmarried Partners
Without a cohabitation agreement, common law partners in Ontario are not entitled to equal division of property, even after decades together. This means one person may leave the relationship with nothing – unless they can prove a claim like unjust enrichment.
A cohabitation agreement gives both partners security, transparency, and peace of mind. Cohabitation agreements are useful for everyone, but they’re especially important when:
- One partner owns significantly more property
- There are children from a previous relationship
- A business is involved
- One partner is financially dependent on the other
Why Choose Jointly for Your Agreement Needs?
At Jointly, we make creating a legally sound cohabitation agreement easy, accessible, and affordable – without the stress or intimidation of traditional legal processes.
Here’s what sets us apart:
✅ Designed for Canadian couples – Our platform is built with the legal requirements of Canadians in mind.
✅ User-friendly – Step-by-step guidance helps you create a clear, enforceable agreement without legal jargon.
✅ Collaborative and transparent – Work together with your partner from start to finish.
✅ Amendments made simple – As your relationship evolves, your agreement can too. We offer lifetime access to our platform so you can make changes that reflect your life together.
Whether you’re drafting your first agreement or looking to revise an outdated one, Jointly empowers you to protect what matters most – together.
Ready to take control of your future?
Visit getjointly.ca to get started with your cohabitation agreement today.
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