Cohabitation Agreement (Ontario) by OLL
This cohabitation agreement is for unmarried partners in Ontario to define how property and financial support are handled during their relationship and in the event of a separation. It establishes rules for separate property ownership, shared household expenses, and provides options for waiving or capping spousal support claims.
This document comes from OLL's library of vetted legal templates
COHABITATION AGREEMENT
This template is for two people in Ontario 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 a domestic contract — including a cohabitation agreement — where a party failed to disclose to the other significant assets, debts, or other liabilities existing when the Agreement was made, where a party did not understand the nature or consequences of the Agreement, or otherwise in accordance with the ordinary law of contract. Ontario's Family Law Act sets out the grounds for setting aside a domestic contract. VERIFY the exact section number and current statutory wording before this warning, or any statement of the grounds, is treated as settled — the citation registry flags this section 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 in Ontario. Unmarried couples in Ontario do not have an automatic statutory property-division regime on separation — unlike married spouses, there is no equalization-of-net-family-property entitlement by default. Without an agreement, property division for an unmarried couple generally follows legal ownership, direct financial contribution, or an equitable claim such as unjust enrichment, which can be uncertain and expensive to establish. This Agreement is the mechanism by which the Parties can create clear, agreed rules that would not otherwise exist. Support is different: Ontario's Family Law Act can impose a spousal support obligation between unmarried partners who meet its "spouse" definition for support purposes (commonly discussed as cohabiting continuously for a period of not less than three years, or being in a relationship of some permanence and the parents of a child together). This is a plain-language description, not a settled statement of the current statutory test — VERIFY the current definition and qualifying period before relying on it. Part C of this Agreement addresses that possibility.
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 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;
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;
"Property" means all real and personal property of every kind, including but not limited to real estate, bank accounts, investments, pensions, RRSPs and other retirement savings, business interests, vehicles, and household goods;
"Separate Property" means Property listed as such in Schedule A, including Property owned by a Party before the Effective Date and Property acquired individually during the relationship as described in section 3;
"Shared Residence" means the residence the Parties occupy together from time to time as their primary home.
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
Ownership of Property During the Relationship
Property owned by a Party before the Effective Date, and listed as Separate Property in Schedule A, remains that Party's Separate Property.
Property acquired by a Party individually during the relationship — by that Party's own funds, in that Party's name alone, and not for the joint use or benefit of both Parties — is that Party's Separate Property.
Property acquired jointly by the Parties, in both their names, or with the intention that it be shared, is joint property, owned as set out in Schedule A or, if not specified, in equal shares.
Gifts and inheritances received by a Party, and any property that can be traced to them, are that Party's Separate Property, whether received before or during the relationship, unless the Party who received them has clearly and deliberately shared the specific gift or inheritance with the other Party.
The income earned from, and increase in value of, a Party's Separate Property during the relationship [is / is not] also Separate Property.
This is a live drafting choice with significant consequences and no default answer this template supplies — the Parties must decide it. Common approaches include treating investment growth on separate property as separate (Option "is"), or treating it as shared if the growth results substantially from joint effort or reinvested joint funds (a more fact-specific approach not captured by a simple "is/is not" toggle). Flag this to the Parties rather than defaulting to either answer.
Household and Shared Expenses
During the relationship, the Parties will contribute to household and shared living expenses [equally / in proportion to their respective incomes / as follows: [Describe arrangement]].
Payment of household expenses by a Party, or use of a Party's Separate Property to pay a joint expense, does not by itself change the ownership of that Separate Property or create an entitlement to reimbursement, except as the Parties otherwise agree in writing.
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 and it remains that Party's Separate Property / owned jointly by the Parties as [joint tenants / tenants in common in [Percentage]/[Percentage] shares]].
If the Shared Residence is the Separate Property of one Party, the other Party acknowledges they acquire no ownership interest in it by living there, paying rent or expenses toward it, or contributing to its upkeep, except as expressly agreed in writing.
Ontario's matrimonial-home protections under the Family Law Act — the equal right of possession regardless of title, and the restriction on unilateral disposition — apply only to married spouses. They do not apply to an unmarried couple's shared residence, even if the Parties have lived there for many years. VERIFY the current scope of the matrimonial-home provisions and do not suggest to the Parties that section 5.2 carries the same protection a married couple would have — that is the reason section 5.2 exists, not an oversight.
If the Relationship Ends
Option A — Each Party keeps their own Property
If the relationship ends, each Party keeps their Separate Property, and joint property is divided [equally / in the shares recorded in Schedule A], with neither Party owing the other an equalization or balancing payment. This Option is a deliberate departure from — rather than a use of — the equalizing mechanics available to married spouses, since those do not apply to this Agreement in any event.
Option B — Division by agreed formula
If the relationship ends, Property (including Separate Property) will be divided between the Parties in accordance with the formula set out in Schedule A, which the Parties have agreed reflects their circumstances.
Each Party will sign any document and take any step reasonably necessary to give effect to the division of Property on separation in accordance with this Part.
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.
Use Option A or Option B.
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 a domestic contract. 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 for support purposes. 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 for support purposes, 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 9 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.
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 decision-making responsibility 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 Federal Child Support Guidelines or is not otherwise in the best interests of the child.
A provision in a domestic contract 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, 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 proceeding.
Section 11.1 does not prevent either Party from seeking urgent relief from a court, including in relation to the safety or well-being of a child.
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 Ontario and the federal laws of Canada applicable in Ontario.
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.
Ontario's Family Law Act requires a domestic contract to be in writing, signed by the parties, and witnessed. VERIFY the exact current formality 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]
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]
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 and division terms
[Party A Short Name]'s Separate Property: [List]
[Party B Short Name]'s Separate Property: [List]
Joint property and shares: [List, with ownership shares]
Division formula on separation (if Option B of section 6 is used): [Describe]
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 Ontario;
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 Ontario;
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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