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Wills & Estates

Can a cohabitation agreement release a common-law partner's right to claim dependant support from the estate?

TSL Written by the Treadstone Law team· Updated August 2026

It can, and a properly executed cohabitation agreement releasing estate claims is generally more likely to be enforced than an informal or undocumented understanding between partners. Ontario family law gives specific legal effect to properly signed domestic contracts, and a cohabitation agreement is one of the recognized types — so a clear release clause covering claims against each other's estates carries real legal weight.

That doesn't mean a release is bulletproof in every case. A court can still scrutinize how the agreement was made — whether both partners understood what they were signing, whether there was proper financial disclosure, and whether the agreement was otherwise validly executed. A surviving partner might also argue circumstances changed enough after signing that the release shouldn't be read to cover a later dependant support claim, though that's a harder argument to win against clear release language. Because so much turns on the specific wording of the release and how the agreement was put together, anyone relying on — or trying to get around — a cohabitation agreement's estate release should have both the agreement and their situation reviewed by a lawyer rather than assuming the clause simply settles the matter either way.

Key takeaways

  • A validly executed cohabitation agreement's release clause carries real legal weight
  • Formal domestic contracts are generally easier to enforce than informal understandings
  • Courts can still examine disclosure, understanding, and execution of the agreement
  • Have the specific release wording reviewed rather than assuming it is automatically final
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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