With higher numbers of people cohabitating in Canada rather than getting legally married, many couples want to have the same legal protections. This can be achieved to a limited extent with a cohabitation agreement.

People who live together can have an experienced family lawyer write out in advance will happen to each partner’s assets and finances in the event of a breakdown in their common law relationship.  This is a sensible way to protect yourself from the uncertainty of legal action and the costs that going to court involves. 

A cohabitation agreement drafted by our law firm will:

• Give you the same property rights as married couples if both you and your common law spouse agree in advance and in writing.
• Address support obligations if your relationship ends so that you can plan your financial life post-separation with certainty for you and your children.
• Include any other agreements that you and your common law spouse want to address that are unique to your situation.

While cohabitation agreements have some similarity to prenuptial agreements, there are definite differences.  Couples living together as spouses in Ontario but who are not legally married (i.e., common-law spouses), are not protected by the provisions of the Family Law Act, which says that property accumulated during a legal marriage must be equalized if the marriage breaks down. Cohabitating couples can only pursue property claims through trust and unjust enrichment claims which are quite complicated arguments to make.  A cohabitation agreement can help you avoid having to do that after you separate.  They give the certainty of a predetermined outcome.

Book a free consultation with Kathryn L. Smithen to answer your questions about cohabitation agreements.  Ensure you get the protection and peace of mind you deserve in advance.