Open daily: 9:00 AM - 5:00 PM
Family law
A legally binding domestic contract for unmarried couples residing together in Ontario, addressing their respective rights and responsibilities concerning property division, financial matters, support obligations, and child-related arrangements as permitted by the Family Law Act.
Also known as
COHABITATION AGREEMENT
This Cohabitation Agreement (the “Agreement”) is entered into on the ___ day of ____________, ______, by and between:
______, of ______
– and –
______, of ______
Collectively referred to as the “Parties.”
1. Nature of Relationship and Intentions
We confirm that we are living together in a committed relationship but are not married.
We are entering into this Agreement freely and voluntarily, without duress, and with a full understanding of its terms.
Each Party acknowledges having provided full financial disclosure of assets and debts to the satisfaction of the other.
The purpose of this Agreement is to clearly set out our financial, property, and personal arrangements, both during our relationship and in the event of separation or death.
2. Household Arrangements and Shared Responsibilities
The Parties agree on how household expenses, bills, and shared responsibilities will be managed.______
The Parties may update these arrangements in writing as circumstances change.
3. Property and Assets
Individual Property: Anything owned by one Party before this relationship, or acquired later in their own name, will remain that person’s sole property.
Shared Property: Assets acquired together, or intentionally held in joint names, will be considered shared property.
Transfers and Gifts: Property given by one Party to the other is the recipient’s property.
Commingled Property: If property becomes mixed so that ownership cannot be proven, it will be treated as shared property.
Schedules: The Parties may attach a schedule of current assets:
______
4. Debts and Liabilities
Each Party is responsible for their own debts unless expressly agreed otherwise.
Shared debts are listed in the attached schedule:
______
No Party may create debt in the name of the other without written consent.
5. Children
______
6. Support Between the Parties
______
7. Estate Planning and Survivorship
Each Party retains full testamentary freedom and may dispose of their estate as they choose.
Except where otherwise provided in this Agreement, each Party waives any rights to the estate or property of the other.
This Agreement does not prevent either Party from naming the other as a beneficiary under a will, insurance policy, or similar arrangement.
8. Duty of Good Faith and Disclosure
The Parties agree to deal with each other honestly and in good faith.
Each Party will provide documents or information reasonably requested by the other to confirm compliance with this Agreement.
9. Dispute Resolution
If a dispute arises under this Agreement, the Parties will first attempt to resolve it by negotiation.
If negotiation fails, the Parties agree to attend mediation or arbitration before commencing court proceedings, unless urgent relief is required.
10. Governing Law
This Agreement shall be governed by the laws of the Province of Ontario and the applicable federal laws of Canada. Any dispute arising hereunder shall be resolved in the courts of Ontario.
11. General Provisions
Amendment: This Agreement may only be amended or terminated by a written document signed by both Parties.
Severability: If any part of this Agreement is found invalid, the remainder will continue in effect.
Binding Effect: This Agreement binds the Parties and their heirs, executors, administrators, and assigns.
Notices: Any formal notice under this Agreement may be delivered by hand, by registered mail, or by electronic communication (including email) to the last known address of the Party.
12. Execution
Both Parties confirm that they have read this Agreement in its entirety, understand its contents, and sign it of their own free will.
Executed at _________________________, on the ___ day of ____________, ______.
______
Signature: ___________________________
Witness Name: _______________________
Witness Signature: ____________________
______
Signature: ___________________________
Witness Name: _______________________
Witness Signature: ____________________
How it works
Answer the questions on the left. Your document builds itself on the right as you type.
Get a clean, ready-to-sign PDF in seconds. No account, no watermark.
Book an appointment, bring your document, and we witness your signature and apply the seal.
A cohabitation agreement is a domestic contract between two people who are living together, or intend to live together, without being married. Under Part IV of Ontario's Family Law Act (R.S.O. 1990, c. F.3), cohabitation agreements can address property division, support obligations, household expenses, and other matters the parties agree on.
Unlike married spouses, common-law partners in Ontario have no automatic right to equalization of property. Without a written agreement, each partner keeps only what is in their own name when the relationship ends, regardless of contributions made by the other. A cohabitation agreement lets you set your own rules.
Section 53 of the Family Law Act gives common-law partners broad freedom to define their rights and obligations in writing. The agreement becomes a marriage contract automatically if the parties later marry each other.
Courts will override certain terms regardless of what the parties agreed to. The best interests of a child always take precedence over a private contract.
A cohabitation agreement cannot limit a parent's obligation to provide child support, restrict custody or access rights, or produce terms so unconscionable that a court would set them aside. If spousal support terms would leave one party dependent on public assistance, a court may also intervene.
The Family Law Act does not strictly require independent legal advice (ILA) for a cohabitation agreement to be valid. However, courts routinely set aside agreements where one party did not understand what they were giving up. Having each party's own lawyer sign a certificate of ILA is the strongest protection against a future challenge.
We recommend that both parties consult their own family lawyer before attending the signing appointment. The lawyer reviews the terms, explains the legal consequences, and signs the ILA certificate. This step costs extra but significantly strengthens the agreement's enforceability.
Our template collects the details needed to produce a structured agreement. Each party provides their personal information, and you then indicate which topics (expenses, assets, debts, children, support) the agreement will address.
Both parties attend the appointment together. The notary witnesses both signatures and can commission any sworn financial disclosure statements that accompany the agreement.
A notary public can witness both signatures and commission sworn statements, but a notary cannot draft the agreement for you or advise you on its terms. If your situation involves significant assets, children, or support obligations, have a family lawyer draft or review the agreement before you come in for signing. Our notarization fee is $19.90 per stamp.
Frequently asked
Fill it in online, download a ready-to-sign PDF, then bring it in and we will notarize it, in person across Ottawa or online.