Does a Cohabitation Agreement Need Independent Legal Advice to Be Valid in Ontario?

No, independent legal advice is not a formal requirement for a cohabitation agreement in Ontario, but skipping it can put the agreement at risk. A domestic contract, including a cohabitation agreement, is unenforceable unless it is in writing, signed by the parties and witnessed, and the section does not list independent legal advice as a requirement. The same goes for any agreement amending or rescinding it.

The risk comes later. A court may set aside a domestic contract, or any provision in it, if a party failed to disclose significant assets, debts or other liabilities that existed when it was made, if a party did not understand its nature or consequences, or otherwise under the law of contract. That is why disclosure and independent advice matter. Ontario's guidance advises that partners speak to different lawyers and exchange financial information before signing.

Some terms can be set aside even in a signed agreement, such as a support waiver that results in unconscionable circumstances. A lawyer can confirm how these rules apply to your agreement.