What Should a Cohabitation Agreement Cover in Ontario?

A cohabitation agreement in Ontario can cover your rights and obligations during cohabitation, on separation or on death. Under the Family Law Act, that includes ownership or division of property, support, the education and moral training of your children, and any other matter in settling your affairs. Two unmarried people who are cohabiting or intend to cohabit can make one.

A useful checklist starts with who owns what and how property and debts will be divided, how support will work if you separate, and what should happen on death. Debts, the family home and business interests are worth naming specifically, because the law allows an agreement to deal with any matter in settling your affairs. An agreement cannot fix decision-making responsibility or parenting time for children.

Some terms may not hold up. A court may set aside a support waiver where it results in unconscionable circumstances, and may disregard an unreasonable child support term. If you later marry, the agreement is deemed to be a marriage contract. A lawyer can help you tailor the list to your situation.