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Cohabitation Agreement in Ontario (Common-Law Agreement)

A cohabitation agreement in Ontario (often called a common law agreement Ontario couples use) is a type of domestic contract for partners who are living together or planning to live together and are not married. Under Ontario’s Family Law Act, it can address rights and obligations during cohabitation, on separation, or on death—particularly around property and support obligations.

If you are looking for a cohabitation agreement lawyer in Toronto or a cohabitation agreement lawyer in Ontario, Family Law Helps drafts and reviews agreements with a clear, enforceability-focused process and practical terms.

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What Is a Cohabitation Agreement in Ontario?

Ontario law allows two people who are cohabiting (or intend to cohabit) and are not married to sign a cohabitation agreement setting out their rights and obligations, including:

  • ownership in or division of property
  • support obligations (including spousal support)
  • the right to direct the education and moral training of their children (but not decision-making responsibility or parenting time)

A cohabitation agreement is especially important because common-law couples are not required to split property the way married spouses do, and ownership often depends on title and other facts.

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Why Choose Family Law Helps for Cohabitation Agreements?


Domestic-Contract Drafting Under Ontario Law

We draft cohabitation agreements with the Ontario statutory framework in mind, including what the law permits a cohabitation agreement to cover.

Clear, Practical Clauses (No Ambiguity)

A cohabitation agreement should be easy to apply if the relationship ends. We focus on clear definitions, realistic terms, and clean drafting.

Disclosure and Enforceability Focus

Ontario courts can set aside a domestic contract (or part of it) in certain circumstances, including significant non-disclosure or where someone did not understand the nature or consequences of the contract. Our workflow is built to reduce those risks.

Proper Signing Guidance

A domestic contract is generally unenforceable unless it is in writing, signed by the parties, and witnessed. We guide execution so avoidable technical problems do not undermine the agreement.

Our Cohabitation Agreement Services Include:

  • Draft a cohabitation agreement in Ontario tailored to your finances and goals
  • Review a cohabitation agreement Ontario clients already have (including agreements drafted elsewhere)
  • Terms covering:
    • property ownership and division (including items brought into the relationship and acquired after moving in together)
    • debts and liabilities (credit cards, loans, lines of credit)
    • contribution rules for rent/mortgage, utilities, and household costs
    • bank accounts, savings, and budgeting expectations
    • business interests and professional assets
    • cohabitation agreement spousal support Ontario clauses (including review terms, when appropriate)
    • estate-related planning coordination (where relevant to your goals)

Is a cohabitation agreement the same as a prenup?

No. A prenup is typically a marriage contract signed before marriage. A cohabitation agreement is for unmarried partners. If you later marry each other, your cohabitation agreement is deemed a marriage contract.

Why do common-law couples in Ontario use cohabitation agreements?

Ontario’s guidance notes that common-law couples are not legally required to split property acquired during cohabitation in the same way married spouses do. A cohabitation agreement lets you set clear rules instead of leaving outcomes uncertain.

When should we sign a cohabitation agreement?

Many couples sign before moving in or soon after living together begins, especially if one person owns a home, has substantial savings, or has business assets.

Can we change or update our cohabitation agreement?

Yes. Updates should follow the same formalities used for domestic contracts—written, signed, and witnessed—to reduce enforceability issues.

What makes a cohabitation agreement more vulnerable to challenge?

Risk factors include weak disclosure, unclear terms, and signing problems. Ontario law sets out grounds to set aside domestic contracts, including significant non-disclosure and lack of understanding of the nature or consequences.

Family Law Helps is Happy to Provide

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Contact
Natalia Denchik

13025 Yonge Street, Unit #201E,
Richmond Hill, ON
L4E 1A4

Fax: 416-900-5168

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