Cohabitation Agreement (Alberta) by OLL
This cohabitation agreement is for unmarried partners in Alberta who want to determine how property and support will be handled during their relationship and upon any potential separation. It addresses the legal status of Adult Interdependent Partners (AIPs) and allows parties to opt out of standard statutory property division rules.
This document comes from OLL's library of vetted legal templates
COHABITATION AGREEMENT
This template is for two people in Alberta who are living together, or plan to live together, and are not married to each other, and who want to agree in advance how property and support will be handled during the relationship and if it ends — whether or not they have yet become, or ever become, Adult Interdependent Partners. It is not for a married couple (use marriage-contract) and not for people who have already separated and are settling the end of their relationship (use separation-agreement). Not suitable for use in Quebec.
Drafting notes appear in italics and are to be deleted before execution. Square brackets mark information to be filled in. Delete any inapplicable optional clauses and Parts, then renumber, before execution.
⚠️ This Agreement can be set aside. A court can set aside all or part of a family property or family law agreement — including a cohabitation agreement — where a party failed to disclose significant property, debt, or income, or where a party did not understand the nature or consequences of the Agreement. Alberta's Family Property Act and Family Law Act set out grounds of this kind. VERIFY the exact section numbers and current statutory wording before this warning is treated as settled — the citation registry flags these as unconfirmed. Complete and exchange the financial disclosure at Schedule A honestly and completely, and do not rely on this Agreement being effective until each Party has had a genuine opportunity to obtain independent legal advice.
⚠️ This is a lawyer-in-the-loop document. This Agreement is not intended to be signed without each Party obtaining independent legal advice from their own lawyer, as recorded in Schedule B. It can significantly change what either Party would otherwise be entitled to, and if the Parties later have children together, it cannot bind how child support or parenting arrangements are decided (see Part D). Do not treat this template as ready to execute without that review.
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About this template
What is this template?
This is a formal legal contract between two unmarried individuals in Alberta that overrides default provincial family law rules. It contains specific sections for Adult Interdependent Partner status and requires sworn financial schedules and lawyer-signed certificates of advice. It is not a marriage contract for people who are already wed nor a separation agreement for couples who have already split.
When should you use it?
Use this template when moving in with a partner in Alberta to protect pre-existing assets or specify support terms before the law automatically grants AIP rights. Use a marriage-contract instead if you intend to get married immediately, or a separation-agreement if the relationship has already ended.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Recitals | Adult Interdependent Partner Status | Parties may elect for the agreement to constitute a written adult interdependent partner agreement under the Adult Interdependent Relationships Act. |
| 2 | Financial Disclosure | Each Party provides a sworn statement of assets, debts, and income as of a specific Disclosure Date in Schedule A. |
| 3 | Property During the Relationship and on Separation | Provides two options: keeping property entirely separate or applying the Family Property Act default division regime once AIP status arises. |
| 4 | Shared Residence | Defines ownership of the primary home as either solely owned, joint tenants, or tenants in common with specific percentage shares. |
| 5 | Partner Support | Allows for a mutual advance release of support or a formulaic approach capped by specific monthly durations or amounts. |
| 7 | Child Support and Parenting Arrangements | Confirms that no provision can waive child support obligations or predetermine parenting time for a child of the relationship. |
| 8 | Review of This Agreement | Obliges the Parties to review and update the document upon marriage, birth of a child, or every [Number] years. |
Who it's for
- unmarried partners in Alberta living together or planning to live together
- couples wishing to opt out of Alberta's statutory property division for AIPs
- individuals in Alberta defining financial rights before they reach the three-year interdependence threshold
- partners in Alberta who want to document exempt property owned prior to cohabitation
How long it runs and how it's signed
Law it's drafted under
Canada note
This version is drafted for Canada. Provinces differ on employment standards and Quebec applies civil law rather than common law. Tell GitLaw which province applies and it adjusts the draft.
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