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.
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About this template
What is this template?
This is a domestic contract for common-law partners specifically tailored to the Family Law Act of British Columbia. It contains specialized options to override the statutory presumption of equal property division and includes mandatory schedules for sworn financial disclosure and lawyer certificates. It is not a marriage contract for already married couples nor a separation agreement for those already living apart.
When should you use it?
Use this template when moving in with a partner in British Columbia to protect pre-relationship assets or clarify financial obligations. If you are already married, use a Marriage Contract, or if the relationship has ended, use a Separation Agreement.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Definitions | Defines Excluded Property as assets that would be excluded from family property division under the British Columbia Family Law Act. |
| 2 | Financial Disclosure | Requires each Partner to attach a sworn statement of assets and debts as of a specific Disclosure Date to Schedule A. |
| 3 | Property During the Relationship and on Separation | Provides options to either opt out of default division or apply the Family Law Act's regime as varied by Schedule A. |
| 4 | Shared Residence | Specifies whether a primary home is owned solely or jointly as joint tenants or tenants in common with defined percentage shares. |
| 5 | Spousal Support | Offers a choice between a mutual advance release of support or determining support based on the Spousal Support Advisory Guidelines. |
| 7 | Child Support and Parenting Arrangements | Confirms that neither Party can waive a child's right to support or predetermine parental responsibilities through this agreement. |
| 9 | Dispute Resolution | Obliges the Parties to attempt negotiation or mediation before commencing court or tribunal proceedings except for urgent relief. |
| 10 | Independent Legal Advice | Requires certificates from British Columbia lawyers for each Partner to verify they understand the nature and consequences of the document. |
Who it's for
- an unmarried couple in British Columbia living together or planning to live together
- unmarried partners meeting the spouse definition under the BC Family Law Act
- couples wishing to keep property separate that the law would otherwise divide equally
- individuals seeking to waive or cap future spousal support claims in British Columbia
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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