Family law
A domestic contract between common-law or cohabiting partners setting out property, support, and other arrangements. Fill it in online, download a ready-to-sign PDF, and have signatures witnessed in Ontario. Each partner should obtain independent legal advice.
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: ____________________
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Overview
A cohabitation agreement — a type of domestic contract under Ontario family law — lets common-law or cohabiting partners agree in advance on property division, support, and other arrangements.
It can reduce uncertainty and conflict by setting clear expectations while the partners live together and if the relationship ends.
It is used by partners who live together or plan to.
For a domestic contract to be sound, it should generally be in writing, signed, and witnessed, with full and honest financial disclosure by both partners. Courts can set aside an agreement in some circumstances, for example where disclosure was inadequate.
Each partner should obtain their own independent legal advice before signing. A notary can witness the signatures, but witnessing is not legal advice.
Once you have filled in your cohabitation agreement and downloaded the PDF, do not sign it in advance if a witnessed signature is needed. A notary public can witness and notarize your signature so a third party can rely on it.
Minute Notary witnesses your cohabitation agreement online by secure video, under Ontario's remote commissioning rules (O. Reg. 431/20), or in person in Ottawa. Bring valid government-issued photo identification.
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