Should a cohabitation agreement address children from a previous relationship in Ontario?

Yes, blended family situations add complexity that a cohabitation agreement is well-suited to address. If one or both partners have children from a previous relationship, the agreement can clarify how certain assets — particularly property or money intended to benefit those children or be preserved for them — will be treated in the relationship and at separation.

For example, a partner who owns a home or investment portfolio earmarked for their children from a prior relationship can use the agreement to ring-fence those assets as separate property that will not be subject to division or claims by the new partner. This can prevent conflict and also protect the interests of children from the earlier family.

What a cohabitation agreement cannot do is determine custody or access arrangements for existing or future children. Parenting decisions are always subject to a court's assessment of the best interests of the child, and no private contract can bind a court on that question. The agreement also cannot waive child support obligations owed to a prior partner's children — those exist independently under the relevant court order or separation agreement.

Consulting a family lawyer who has experience with blended families is particularly valuable in these situations, because the financial and parenting structures can be complex.