Cohabitation Agreements

In Ontario, a cohabitation agreement is a contract between two people who live together in a marriage-like relationship, but are not legally married.  The agreement makes arrangements for what will happen should the cohabitation end, and address property rights, support rights and other issues.

Cohabitations fall under section 53 of the Family Law Act, which makes them a part of family law. Burlington, Oakville, Milton and Mississauga obviously fall under that jurisdiction.  So, when you’re preparing your agreement, it makes sense to work with a family law firm.

Your cohabitation agreement can include:

·       Who owns the assets you acquire while you are living together.

·       How much support will be paid if the relationship ends

·       How your property will be divided.

·       Who retains possession of the home or who has to move out of the home if the relationship ends.

However your cohabitation agreement cannot include things like pre-determined plans for child custody.

You may also want to speak with a family lawyer if you need to fight a particular part of your existing cohabitation agreement. It’s possible that a party didn’t fully disclose assets or income, or a party didn’t understand the consequences of the contract, or the contract was entered into as a result of undue influence, mistake or fraud.

Some people see this process as unpleasant or “a bad sign,” while others see it as prudent and essential. We’ve dealt with countless couples that had this differing view, but still worked with them to create a fair and comprehensive cohabitation agreement, and gave them the peace of mind of knowing that these matters are settled.

If you need a cohabitation agreement for any reason and want to speak with a specialized family law firm, don’t hesitate to contact any of our offices in Burlington, Oakville, Milton and Mississauga.


Our Family Law Lawyers

Brenda K. McKnight

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Christine kim

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