Cohabitation Agreement (British Columbia) by OLL
Cohabitation agreement for unmarried partners in British Columbia.
This document comes from OLL's library of vetted legal templates
COHABITATION AGREEMENT
This template is for two people in British Columbia 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. 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 an agreement dividing property, debt, or support — including a cohabitation agreement — where it finds significant unfairness having regard to matters such as a failure to disclose significant property, debt, or income, or where a Party did not understand the nature or consequences of the Agreement. British Columbia's Family Law Act sets out the grounds. VERIFY the exact section number, current statutory wording, and the current "significant unfairness" test before this warning is treated as settled — the citation registry flags this 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.
⚠️ Why this Agreement matters more in British Columbia than in some other provinces — read this before drafting. British Columbia's Family Law Act extends "spouse" status — and with it, the Act's default property-division and support regime — to a person who lived with the other Party in a marriage-like relationship for a continuous period the Act treats as qualifying (commonly discussed as being in the region of two years), or who has a child with the other Party, regardless of how long they lived together. Unlike an unmarried couple in Ontario, unmarried Parties in British Columbia who meet this test do not need a cohabitation agreement to acquire property-division and support rights against each other — the default regime already presumptively divides family property equally between them, subject to reapportionment for significant unfairness. This Agreement's role in British Columbia is therefore usually to opt out of, or vary, that default regime — for example, by keeping property separate that would otherwise be shared — rather than to create rights that would not otherwise exist. Confirm which of these situations describes the Parties (not yet qualifying / already qualifying / uncertain) before drafting, and do not silently assume the Ontario framing applies. VERIFY the current qualifying period and the current statutory definition of "spouse" before relying on this note.
THIS COHABITATION AGREEMENT is made as of [Date].
BETWEEN:
[Party A Legal Name] of [Party A Address]
("[Party A Short Name]")
— and —
[Party B Legal Name] of [Party B Address]
("[Party B Short Name]")
(each a "Partner" and together the "Partners" or the "Parties")
WHEREAS the Parties [are currently living together at [Address], beginning on or about [Cohabitation Start Date] / intend to begin living together at [Address] on or about [Cohabitation Start Date]], and are not married to each other;
WHEREAS the Parties [have not yet lived together in a marriage-like relationship for the period the Family Law Act treats as qualifying, and have no child together / have already lived together in a marriage-like relationship for a period they believe meets or may meet that qualifying period, or have a child together] — see the note above;
WHEREAS the Parties wish to define their respective rights and obligations concerning property and support, both during their relationship and if it ends, on the terms of this Agreement, including opting out of or varying the Family Law Act's default property and debt division rules to the extent set out below;
WHEREAS each Party has made the financial disclosure described in Schedule A and confirms it to be complete and accurate as of the date of this Agreement;
WHEREAS each Party has obtained, or has been given a genuine and reasonable opportunity to obtain, independent legal advice as recorded in Schedule B;
NOW THEREFORE in consideration of the mutual covenants in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows:
PART A — DEFINITIONS AND DISCLOSURE
Definitions
In this Agreement, unless the context requires otherwise:
"Effective Date" means the date of this Agreement set out above;
"Excluded Property" means property that would be excluded from family property division under the Family Law Act if the Parties are or become spouses within the meaning of the Act, as further described in Schedule A, subject to section 3;
"Family Property" has the meaning given in the Family Law Act, and, for the purposes of this Agreement, includes property the Parties agree to treat as shared under section 3 regardless of the statutory definition;
"Shared Residence" means the residence the Parties occupy together from time to time as their primary home.
Sub-paragraph (b) tracks the Family Law Act's excluded-property concept because it is the most consequential category this Agreement can either preserve or override. VERIFY the current statutory definition and current case law on tracing excluded property before relying on it.
Financial Disclosure
Each Party has completed, and attached as part of Schedule A, a sworn or solemnly affirmed statement of their assets, debts, and income as of [Disclosure Date], together with supporting documentation [listed in Schedule A].
Each Party confirms that the disclosure at Schedule A is, to the best of their knowledge, complete and accurate, and that they have not knowingly omitted or understated any significant asset, debt, or source of income.
This Agreement is entered into in reliance on the disclosure at Schedule A. If, after the Effective Date, either Party discovers that the other Party failed to disclose a significant asset, debt, or liability that existed as of the date of this Agreement, that discovery may be grounds to set this Agreement aside, in whole or in part.
[Include if the Parties intend to update disclosure periodically:] The Parties will update Schedule A every [Number] years, or on a significant change in either Party's financial circumstances, by signing and witnessing a replacement Schedule A.
PART B — PROPERTY
Property During the Relationship and on Separation
Option A — Opt out of default division; each Party keeps their own property
Regardless of whether the Parties are or become spouses within the meaning of the Family Law Act, each Party's property — including property acquired during the relationship in that Party's name alone — remains that Party's separate property, and is not Family Property subject to division, except for jointly titled property and property the Parties expressly agree in Schedule A to treat as shared. If the relationship ends, each Party keeps their own property as described in this Option, and neither Party owes the other a division or equalizing payment in respect of it.
Option B — Default regime applies, as varied in Schedule A
The Parties accept that the Family Law Act's default Family Property regime applies to them once they meet the Act's spouse definition, varied only as follows: [Describe variations — e.g., specific property treated as excluded that would not otherwise be, or specific property treated as Family Property that would not otherwise be]. Property not addressed in this Option is divided in accordance with the Family Law Act's default rules.
The Parties' current property, and its treatment under whichever Option applies, is recorded in Schedule A.
Each Party will sign any document and take any step reasonably necessary to give effect to the property treatment recorded under this Part, including with respect to any jointly held real property, vehicle, or account.
Debts. Each Party remains responsible for debts in their own name. Debts incurred jointly, or for the joint benefit of both Parties, are divided as set out in Schedule A, or if not specified, equally, regardless of which Option in section 3 applies to property.
Use Option A if the Parties want to opt out of the Family Law Act's default equal-division regime and keep property separate instead. Use Option B if the Parties accept the default regime but want to vary specific items (for example, treating a particular asset as excluded when it might not otherwise be, or including pre-relationship property that would otherwise be excluded). Do not leave this section blank on the assumption that "nothing happens" if the Parties do not choose — if they meet the Act's spouse definition, the default regime applies regardless, and silence is itself a choice with consequences.
Shared Residence
[Describe ownership of the Shared Residence: e.g., owned solely by [Party A/B Short Name], who purchased it before the relationship began / owned jointly by the Parties as [joint tenants / tenants in common in [Percentage]/[Percentage] shares]].
The Parties' agreement about the Shared Residence under this section is [included in / excluded from] Option A of section 3.
A family residence the Parties actually live in together receives specific treatment under the Family Law Act that can differ from other property — including, in some circumstances, being treated as Family Property even if it would otherwise be a Party's excluded property. VERIFY the current statutory treatment of the family residence, including whether and how it can be excluded from division by agreement, before relying on section 4.2 as effective.
PART C — SUPPORT
Spousal Support
⚠️ A support release, waiver, or limit in this section can still be reviewed by a court. A court is not automatically bound by a spousal support waiver or limit in an agreement. Courts have applied a two-stage inquiry examining the circumstances in which the Agreement was negotiated and signed (including whether each Party had independent legal advice, understood the Agreement, and was not under duress or unfair pressure), and whether, at the time enforcement is sought, the Agreement still reflects the objectives of spousal support law and the parties' intentions (commonly associated with Miglin v. Miglin, 2003 SCC 24, a Divorce Act case decided for married spouses). This citation is not independently verified this session — VERIFY current appellate treatment, and whether and how the same approach applies to an unmarried couple's support claim under the Family Law Act, before this warning or Option B below is relied on as settled.
Use Option A if the Parties are waiving and releasing spousal support in advance. Use Option B if the Parties want to record a formula or cap rather than a full waiver.
Option A — Mutual advance release of spousal support
Each Party waives, releases, and gives up any claim to spousal support from the other Party that might otherwise arise from their relationship, now or in the future, whether or not the Parties meet the Family Law Act's definition of spouse. Each Party confirms they understand this waiver may not be reviewed again and have obtained independent legal advice specifically about it, as recorded in Schedule B.
Option B — Formula or capped support
If the Parties separate after meeting the Family Law Act's definition of spouse, spousal support (if any) will be determined [with reference to the Spousal Support Advisory Guidelines / subject to a maximum of [Amount] / subject to a maximum duration of [Number] months], rather than being waived entirely.
Life and Disability Insurance
[Include if applicable:] Each Party will maintain life insurance of at least [Amount] naming the other Party as beneficiary for so long as [condition, e.g. a support obligation under this Agreement continues], and will provide proof of coverage on request.
PART D — CHILDREN
Complete or delete this Part depending on whether the Parties have, or may in the future have, children together. Do not delete the child-support acknowledgment in section 7 merely because the Parties do not currently have children — leave it if there is any realistic prospect they will, since this Agreement may still be in force when a child is born, and having a child together is itself one of the ways the Parties can become "spouses" under the Family Law Act (see the note above section 1).
Child Support and Parenting Arrangements
Nothing in this Agreement limits, waives, or predetermines either Party's obligation to support, or right to seek support for, a child of the relationship, or either Party's rights or obligations concerning parental responsibilities or parenting time for a child of the relationship.
⚠️ Child support belongs to the child, not to either Party, and this Agreement cannot contract it away. If the Parties have, or later have, a child together, neither Party can release or waive that child's entitlement to support by agreement. A court is not bound by any child support amount the Parties agree to, and may order a different amount — including a higher amount — if the agreed amount does not comply with the applicable Child Support Guidelines or is not otherwise in the best interests of the child.
A provision in an agreement purporting to finally and irrevocably pre-determine child support or parenting arrangements is not enforceable in the way property provisions can be. VERIFY the exact statutory basis before stating this as settled in user-facing text. If the Parties want to record their current intentions about parenting, do so as a non-binding statement of intent clearly labelled as such, separate from this section.
PART E — GENERAL
Review of This Agreement
The Parties will review this Agreement on marriage to each other, on reaching or approaching the Family Law Act's qualifying period for spouse status, the birth or adoption of a child, a significant change in either Party's income or assets, or every [Number] years, whichever comes first, and will update it in writing if their circumstances have materially changed.
Marriage between the Parties may change which template and which legal regime applies — consider whether a marriage contract, rather than a continuing cohabitation agreement, becomes the right instrument if the Parties marry.
Dispute Resolution
If a dispute arises about the interpretation or implementation of this Agreement, the Parties will first attempt to resolve it through [negotiation / mediation with a mutually agreed mediator] before either Party commences a court or tribunal proceeding.
Section 9.1 does not prevent either Party from seeking urgent relief from a court, including in relation to the safety or well-being of a child.
British Columbia's Family Law Act contemplates out-of-court dispute resolution processes, and property claims below a certain value may fall within the jurisdiction of the Civil Resolution Tribunal rather than the Provincial or Supreme Court. VERIFY current monetary and subject-matter jurisdiction limits before advising the Parties which forum applies.
Independent Legal Advice
Each Party confirms they have obtained, or have been given a genuine and reasonable opportunity to obtain, independent legal advice from a lawyer of their own choosing, separate from the other Party's lawyer, before signing this Agreement, as recorded in the certificates at Schedule B.
Each Party confirms they understand the nature and consequences of this Agreement, including the rights they are giving up.
General Provisions
This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia.
This Agreement is the entire agreement between the Parties relating to its subject matter and supersedes all prior discussions, negotiations, and agreements, whether written or oral.
No amendment to this Agreement is effective unless in writing and signed by both Parties in the presence of a witness.
If a provision of this Agreement is held unenforceable, it is severed and the remainder of this Agreement continues in force, except that Part D is never severed in a way that would leave a child without a court-enforceable support or parenting mechanism — a court's authority over a child of the relationship is not affected by this Agreement in any event.
This Agreement may be executed in counterparts, including electronically, each of which is an original and all of which together form one agreement.
IN WITNESS WHEREOF the Parties have executed this Agreement as of the date first written above, in the presence of the witnesses below.
British Columbia's Family Law Act requires an agreement respecting the division of property, debt, or support to be in writing, signed by both parties, and witnessed to receive the Act's full enforceability treatment. VERIFY the exact current formality and filing requirements before relying on the signature block below as compliant.
SIGNED, SEALED AND DELIVERED in the presence of: | |
Witness Signature: ______________________ | [Party A Legal Name] |
Witness Name: [Name] | Signature: ______________________ |
Witness Address: [Address] | Date: [Date] |
SIGNED, SEALED AND DELIVERED in the presence of: | |
Witness Signature: ______________________ | [Party B Legal Name] |
Witness Name: [Name] | Signature: ______________________ |
Witness Address: [Address] | Date: [Date] |
Schedule A — Financial Disclosure
Complete this Schedule before execution. It is a mandatory attachment — this Agreement is not to be signed without it. In case of conflict with the body of this Agreement, resolve the conflict by correcting whichever document does not reflect what the Parties actually agreed, and note the correction in the review log.
A.1 [Party A Legal Name] — Assets, Debts, and Income as of [Disclosure Date]
Real property: [Description, address, estimated value, mortgage balance]
Bank accounts and investments: [Institution, account type, balance]
Pensions and retirement savings: [Plan/institution, estimated value]
Business interests: [Description, estimated value]
Vehicles and other significant personal property: [Description, value]
Property claimed as excluded from division: [Description, basis for exclusion, e.g. owned before the relationship / inheritance / gift]
Debts and liabilities: [Creditor, balance]
Income: [Sources and annual amount, with reference to most recent notice of assessment / pay statements attached]
Supporting documents attached: [List]
A.2 [Party B Legal Name] — Assets, Debts, and Income as of [Disclosure Date]
Real property: [Description, address, estimated value, mortgage balance]
Bank accounts and investments: [Institution, account type, balance]
Pensions and retirement savings: [Plan/institution, estimated value]
Business interests: [Description, estimated value]
Vehicles and other significant personal property: [Description, value]
Property claimed as excluded from division: [Description, basis for exclusion, e.g. owned before the relationship / inheritance / gift]
Debts and liabilities: [Creditor, balance]
Income: [Sources and annual amount, with reference to most recent notice of assessment / pay statements attached]
Supporting documents attached: [List]
A.3 Property treatment
Option selected under section 3: [Option A / Option B, and if B, the variations agreed]
Property treated as shared/Family Property: [List]
Property treated as separate/Excluded Property: [List]
Debts and how divided: [List]
Schedule B — Certificates of Independent Legal Advice
A mandatory attachment for each Party — this Agreement is not to be signed without both certificates, or without each Party having had a genuine and reasonable opportunity to obtain the advice described.
B.1 Certificate of [Party A Legal Name]'s Lawyer
I, [Lawyer Name], of [Law Firm Name], certify that:
I am a lawyer licensed to practise law in British Columbia;
I met with [Party A Legal Name] separately from [Party B Legal Name] and [Party B Legal Name]'s lawyer;
I explained to [Party A Legal Name] the nature and effect of this Agreement, including the rights and claims being given up or varied by it;
[Party A Legal Name] appeared to understand my advice and signed this Agreement voluntarily, without apparent duress or undue influence, in my presence.
Lawyer Signature: ______________________ Date: [Date]
B.2 Certificate of [Party B Legal Name]'s Lawyer
I, [Lawyer Name], of [Law Firm Name], certify that:
I am a lawyer licensed to practise law in British Columbia;
I met with [Party B Legal Name] separately from [Party A Legal Name] and [Party A Legal Name]'s lawyer;
I explained to [Party B Legal Name] the nature and effect of this Agreement, including the rights and claims being given up or varied by it;
[Party B Legal Name] appeared to understand my advice and signed this Agreement voluntarily, without apparent duress or undue influence, in my presence.
Lawyer Signature: ______________________ Date: [Date]
If either Party proceeds without independent legal advice, do not use this certificate format to record that — flag it plainly instead (for example, "[Party] confirms they were advised to obtain independent legal advice and declined to do so") and note the elevated set-aside risk this creates in the review log. A signed certificate from a lawyer who did not in fact advise that Party is worse than no certificate at all.
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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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