Common Law Relationship Agreement Lawyers in Ontario
Protect your rights and clarify expectations with a comprehensive cohabitation agreement
Legal Review by Deepa Tailor
Senior Family Lawyer
Deepa Tailor is the founder and Managing Director of Tailor Law, a trusted Ontario family and divorce law firm. Since 2014, she has helped clients navigate separation, custody, support, and property division with clarity and compassion. Deepa holds a B.Sc. (University of Toronto) and J.D. (University of Ottawa), and regularly shares legal insights to educate and empower individuals going through complex family law matters.
The 30-Second Answer
A cohabitation agreement (also called a common-law relationship agreement) is a legal contract for unmarried couples living together. It clarifies property ownership, financial responsibilities, spousal support, and what happens if you separate. Unlike married spouses, common-law partners have NO automatic right to property division in Ontario—making a cohabitation agreement essential protection for both partners.
Why Common-Law Couples Need a Cohabitation Agreement
No Property Rights
Common-law partners have NO automatic right to share property or the home, even after decades together
Spousal Support Risk
After 3 years together (or sooner if you have a child together and a relationship of some permanence), you may owe or be entitled to spousal support
Asset Protection
Protect pre-relationship assets, inheritances, and business interests from claims
Clarity & Certainty
Avoid costly litigation by clearly defining rights and obligations upfront
Children’s Interests
Address child support and the children’s education and moral training; the agreement cannot decide decision-making responsibility or parenting time (Family Law Act, s. 53(1)(c))
Fairness
Create a fair arrangement that reflects your unique circumstances and contributions
What to Include in Your Agreement
Property & Assets
- How property acquired during relationship will be owned
- Protection of pre-relationship assets and inheritances
- Treatment of jointly purchased property
- Business interests and professional practices
- Bank accounts and investments
- What happens to shared property on separation
Financial Matters
- How household expenses will be shared
- Responsibility for debts and liabilities
- Spousal support rights and obligations
- Duration and amount of support (if any)
- Financial disclosure requirements
- Tax implications and filing status
Children & Parenting
- Decision-making for children
- Parenting time arrangements
- Child support obligations
- Education and extracurricular expenses
- Healthcare decisions
- Religious upbringing
Other Provisions
- Dispute resolution process (mediation/arbitration)
- How agreement can be amended
- What happens if you marry
- Life insurance beneficiaries
- Estate planning considerations
- Termination of agreement
Making Your Agreement Enforceable
Written & Signed
Must be in writing and signed by both parties. Verbal agreements are not enforceable.
Independent Legal Advice
Each party must receive independent legal advice from their own lawyer and sign a certificate confirming this.
Full Financial Disclosure
Both parties must fully disclose their assets, debts, income, and liabilities. Hidden assets can invalidate the agreement.
No Duress or Undue Influence
Agreement must be signed voluntarily without pressure, threats, or coercion.
Fair & Reasonable
Terms must be fair at the time of signing. Grossly unfair agreements may be set aside by courts.
Properly Witnessed
Signatures must be witnessed. Like a marriage contract, a cohabitation agreement is unenforceable unless it is in writing, signed by both of you and witnessed (Family Law Act, s. 55(1)).
Common Mistakes to Avoid
Mistake
Using online templates without legal advice
Consequence
Agreement may be unenforceable due to missing provisions or improper execution
Mistake
Signing without independent legal advice
Consequence
Courts can set aside the agreement, leaving you with no protection
Mistake
Hiding assets or providing incomplete disclosure
Consequence
Agreement can be invalidated entirely, and you may face cost consequences
Mistake
Waiting until you’re already living together
Consequence
Harder to negotiate fairly once you’re emotionally and financially intertwined
Mistake
Assuming common-law = marriage rights
Consequence
You have NO automatic property rights as a common-law partner in Ontario
Mistake
Never updating the agreement
Consequence
Agreement may not reflect current circumstances, making it unfair or unenforceable
Why Sign BEFORE Moving In Together
Easier Negotiation
Before you’re emotionally and financially intertwined, it’s easier to negotiate fair terms objectively
Less Emotional Pressure
Discussing finances before cohabitation is less stressful than during a relationship crisis
Equal Bargaining Power
Both parties have more leverage before one moves into the other’s home or gives up their residence
Protect Pre-Relationship Assets
Clearly establish what each person brings into the relationship before assets become commingled
Open Communication
Forces important conversations about finances, goals, and expectations early in the relationship
Avoid Future Disputes
Clear terms prevent misunderstandings and costly litigation if the relationship ends
Common Living Together Scenarios
One Partner Owns the Home
- Non-owner has NO automatic right to the home
- Clarify if rent will be paid or expenses shared
- Address improvements/renovations made by non-owner
- What happens if relationship ends
Buying a Home Together
- Ownership percentages (50/50 or based on contributions)
- How mortgage and expenses will be split
- What happens if one wants to sell and the other doesn’t
- Buyout provisions if you separate
Significant Income Disparity
- How expenses will be shared (equal or proportional)
- Spousal support expectations
- Protection for lower-income partner
- Career sacrifices for relationship
Children from Previous Relationships
- Financial obligations to existing children
- Estate planning and inheritance
- Step-parent role and responsibilities
- Child support obligations
How to Create Your Living Together Contract
1. Initial Consultation
Week 1
Meet with a family lawyer to discuss your situation and goals
2. Financial Disclosure
Week 2
Both parties provide complete disclosure of assets, debts, and income
3. Negotiate Terms
Week 3-4
Discuss and agree on all provisions with your partner
4. Draft Agreement
Week 5
Lawyer prepares comprehensive cohabitation agreement
5. Independent Legal Advice
Week 6
Each party reviews agreement with their own lawyer
6. Sign & Execute
Week 7
Both parties sign the agreement with proper witnessing
Frequently Asked Questions
When should we sign a cohabitation agreement?
Ideally before you move in together. If you’re already living together, sign one as soon as possible. The longer you wait, the more complicated it becomes to negotiate fairly.
Can we update our agreement later?
Yes, you can amend your agreement at any time if both parties agree. Major life changes (children, property purchases, career changes) are good times to review and update.
What happens if we get married?
If you marry each other, your cohabitation agreement is automatically treated as a marriage contract (Family Law Act, s. 53(2)). It is still wise to review it before the wedding.
How much does a cohabitation agreement cost?
Expect $1,500-$3,500+ per person for legal advice and drafting, depending on complexity. This is far less than the $20,000-$100,000+ cost of litigation if you separate without an agreement.
Is a living together contract romantic?
It’s practical and shows maturity. Discussing finances openly strengthens relationships by ensuring both partners have clear expectations and feel protected. It’s a sign of respect and commitment to fairness.
Can we use an online template?
NO. Online templates are not tailored to your situation and often miss critical provisions. Without independent legal advice, the agreement may be unenforceable, leaving you with no protection.
Protect Your Common-Law Relationship
Don’t leave your future to chance. Our experienced team drafts comprehensive cohabitation agreements tailored to your unique situation.
About the Author
Deepa Tailor, Senior Family Lawyer
Deepa Tailor is the founder and Managing Director of Tailor Law, a trusted Ontario family and divorce law firm. Since 2014, she has helped clients navigate separation, custody, support, and property division with clarity and compassion. Deepa holds a B.Sc. (University of Toronto) and J.D. (University of Ottawa), and regularly shares legal insights to educate and empower individuals going through complex family law matters.