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.
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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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