A guided worksheet to prepare for the conversation — and the contract — before you see a lawyer.
Who this is for: Couples in Ontario who live together or plan to marry and want to set out, in advance, how property and support would be handled if the relationship ended. What you'll get: a plain-language explanation of what these contracts can and can't do, the requirements that make them hold up, and fill-in prompts you can complete together to bring to a lawyer.
⚖️ This is a general guide, not legal advice. It can't account for your specific situation. Use it to get oriented, then confirm the details with a licensed Ontario lawyer.
First, the two contracts (and the difference)
In Ontario, both of these are domestic contracts under the Family Law Act. They look similar and cover similar ground — but the label depends on your relationship status.
| Cohabitation Agreement | Marriage Contract (the "prenup") | |
|---|---|---|
| Who signs it | Two people who live together or intend to, and are not married | Two people who are married or intend to marry |
| Common nickname | "Cohab" | "Prenup" (before marriage) or "postnup" (after) |
| What happens if you later marry | It automatically converts and is treated as a marriage contract | n/a |
| Main job | Set out property and support terms for an unmarried couple | Opt out of the default property-division rules that apply to married spouses |
Why the conversion matters: if you sign a cohabitation agreement and then marry, the same document keeps governing you — now as a marriage contract. That's usually a good thing, but it's a reason to draft it as if marriage is possible, even if you have no plans today.
The big practical reason married couples sign one: when a marriage ends, Ontario law generally requires an equalization of net family property — a calculation that can require one spouse to pay the other to even out the growth in their net worth during the marriage. A marriage contract lets you change those rules. Unmarried (common-law) partners don't have an automatic equalization right, which is exactly why a cohabitation agreement can be valuable to create clarity that the law doesn't supply.
What these contracts can — and cannot — cover
Get this clear before you spend time on terms, because some things simply cannot be decided in advance.
They CAN cover:
- How property is divided — including who ends up owning the home, investments, businesses, and pensions (for married couples, the right to live in the matrimonial home is a separate question — see below)
- Whether spousal support is paid, how much, and for how long (including a waiver)
- How debts are treated
- How inheritances and gifts received during the relationship are handled
- How specific assets (a family cottage, a business, an RRSP) are protected or shared
- Other financial obligations during the relationship and on separation
They CANNOT cover:
- Parenting / decision-making and parenting time — a court will not be bound by terms that try to pre-decide who the children live with or how decisions are made; this is always judged on the best interests of the child at the time
- Child support — this belongs to the child, not the parents, and cannot be bargained away or fixed below the Guidelines amount in advance
- A married spouse's right to possession of the matrimonial home — under s. 52(2) of the Family Law Act, a term in a marriage contract that tries to limit those Part II rights is unenforceable. You can still agree on who owns the home and how its value is shared
- Terms that are unconscionable or that would leave one person reliant on public assistance
⚠️ Watch out: You can write parenting wishes into a contract, but treat them as a statement of intentions, not a binding rule. A court keeps the final say on anything involving the children.
What makes a domestic contract actually hold up
A contract that doesn't meet these requirements can be set aside by a court — which defeats the entire purpose. Use this as your pre-signing checklist.
- In writing. Verbal agreements about property and support are not enforceable as domestic contracts in Ontario.
- Signed by both parties.
- Witnessed. Each signature must be witnessed.
- Full and honest financial disclosure. Each person discloses their assets, debts, and income. Hiding or low-balling assets is the single most common reason a contract is later thrown out.
- Independent legal advice (ILA). Each person should have their own lawyer review the agreement and explain its effect. One lawyer cannot advise both of you. ILA is not strictly mandatory by statute, but skipping it is the second-most-common reason agreements fail — so treat it as required.
- No duress, fraud, or undue pressure. Sign with enough time to think — not the night before the wedding. A contract sprung on someone last-minute is vulnerable.
- Each person understood what they were signing.
Rule of thumb: disclosure + independent advice + no pressure. Get those three right and your contract is on solid ground. Get them wrong and the document may be worth nothing when you need it most.
The worksheet
Complete this together, in pen, before your lawyer meeting. Honesty here saves money and protects the agreement. Figures are for your planning — your lawyer will confirm what the law requires.
Section 1 — Who you are
Partner A name: ____________________________ Partner B name: ____________________________
Current status (check one):
- Living together now — since (date): ______________
- Planning to live together on (date): ______________
- Married / planning to marry on (date): ______________
Are there children, or planned children? ____________________________ (Remember: you can note your wishes, but parenting and child support stay outside the contract's binding terms.)
Section 2 — What each person brings in
List the major assets and debts each of you holds as of today. Attach statements where you can — this becomes part of your disclosure.
Partner A brings in:
| Asset or debt | Approx. value | Keep separate? |
|---|---|---|
| ____________________ | $__________ | ☐ Yes ☐ Share |
| ____________________ | $__________ | ☐ Yes ☐ Share |
| ____________________ | $__________ | ☐ Yes ☐ Share |
Partner B brings in:
| Asset or debt | Approx. value | Keep separate? |
|---|---|---|
| ____________________ | $__________ | ☐ Yes ☐ Share |
| ____________________ | $__________ | ☐ Yes ☐ Share |
| ____________________ | $__________ | ☐ Yes ☐ Share |
Section 3 — The home
The family home is often the most contested asset, so be deliberate.
Who owns / will own the home? ____________________________ Whose money went into the down payment, and how much from each? ____________________________ If you separate, the home should be (check one):
- Sold and proceeds split ____% to A / ____% to B
- Kept by one partner, who buys out the other
- Other: ____________________________
⚠️ Special note on a matrimonial home: for married couples, the home you live in at separation gets special treatment under the Family Law Act — ordinary rules about "I brought it in" may not apply the way you'd expect. This is a must-discuss item with your lawyer if you marry.
Section 4 — Future income, inheritances and gifts
How should income earned during the relationship be treated? ____________________________ If one of you expects an inheritance or large gift, should it stay separate?
- Yes, inheritances/gifts stay with the person who received them
- We'll decide case by case: ____________________________
If one partner pauses a career (e.g., to raise children), how should that be recognized? ____________________________
Section 5 — Support terms
If you separate, spousal support should be (check one):
- Paid by ______ to ______, amount/approach: ____________________________
- Waived by both (note: a waiver must be entered carefully to survive review)
- Left to be decided under the law at the time
Any conditions (length of relationship, children, health, income gap)? ____________________________
Reality check: a support waiver signed today can be revisited by a court if circumstances at separation make it grossly unfair. Your lawyer will tell you how durable yours is likely to be.
Conversation prompts to start the discussion
A domestic contract is as much a relationship conversation as a legal one. If the topic feels heavy, these questions make it concrete and less confrontational:
- "If something went wrong between us, what would fair look like to you?"
- "What did each of us work hard to build before we got together that we'd want to protect?"
- "How do we want to handle money while we're together — fully joint, fully separate, or a mix?"
- "If one of us steps back from work for the family, how do we make sure that person isn't left worse off?"
- "Is there a family asset — a cottage, a business, a future inheritance — that should stay in one family?"
- "What would we each want our kids to be protected from?"
Tip: frame the contract as building the plan together, not one person protecting themselves from the other. Couples who approach it that way usually end up with a stronger agreement — and a stronger relationship.
How Treadstone Law can help
Treadstone Law drafts cohabitation agreements and marriage contracts for couples across Ontario — and provides the independent legal advice that helps an agreement actually hold up. We work on flat fees wherever possible, so you know the cost before you start, and the whole process can happen online or by phone.
- Start online any time at treadstonelaw.ca/start-file
- See flat-fee options at treadstonelaw.ca/pricing
- Learn more about our family law services at treadstonelaw.ca/family
- Prefer to talk it through? Call 1-844-900-1070
Whether you need a full agreement drafted or just independent advice on one your partner's lawyer prepared, we can help you sign with confidence.
This is not legal advice
This guide is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.