A Canadian Cohabitation Agreement is a domestic contract between two people who are living together or intend to live together in a conjugal relationship without being married. The legal framework for cohabitation agreements varies dramatically across Canadian provinces — and this variation is precisely why a written agreement is so important. In British Columbia, under the Family Law Act (S.B.C. 2011, c. 25), common-law partners who have lived together in a marriage-like relationship for two years automatically receive the same property division rights as married couples, including equal division of family property. In Ontario, the Family Law Act (R.S.O. 1990, c. F.3) does not grant common-law partners any automatic right to property division — without a cohabitation agreement, a separating Ontario common-law partner has no statutory claim to the other partner's property.

The definition of common-law partnership itself varies. For federal purposes (CRA tax filing, CPP, and government benefits), common-law status begins after 12 continuous months of cohabitation. Provincially, the threshold differs — British Columbia requires two years, Ontario requires three years (or any duration if the couple has a child together) for spousal support obligations under the Family Law Act. Manitoba's Common-Law Partners' Property and Related Amendments Act grants property rights after three years.

A cohabitation agreement allows partners to define their own property and support arrangements rather than relying on the default rules — or lack thereof — of their province. The agreement can address property owned before and during the relationship, shared expenses, debt allocation, and what happens if the relationship ends. If the couple later marries, many provinces automatically convert the cohabitation agreement into a marriage contract under the applicable family law statute.

A Canadian Cohabitation Agreement is needed when two people move in together and want to establish clear terms about property, finances, and support obligations. This is especially critical in provinces like Ontario, where common-law partners have no automatic property division rights — without an agreement, a partner who contributed to the household for years may have no legal claim to shared assets upon separation.

This agreement is essential when one or both partners own significant pre-relationship assets — a home, investments, a business, or an inheritance — and want to protect those assets from division upon separation. In British Columbia, where common-law partners receive full property division rights after two years, a cohabitation agreement is the only way to opt out of the default 50/50 division of family property accumulated during the relationship.

Couples with children from prior relationships need a cohabitation agreement to protect their children's inheritance expectations. Partners who contribute unequally to household expenses — where one partner earns significantly more or one partner stays home to care for children — should document the financial arrangement to avoid disputes about unjust enrichment, a common-law claim recognized by the Supreme Court of Canada in Kerr v. Baranow, 2011 SCC 10.

The agreement is also necessary when one partner is sponsoring the other for immigration to Canada, as it documents the genuine nature of the relationship and establishes financial obligations during the sponsorship period.

A valid Canadian Cohabitation Agreement must identify both partners with their full legal names, dates of birth, and current addresses. The date the cohabitation began (or will begin) must be stated, as this date triggers provincial timelines for common-law status and property rights. Each partner's pre-relationship assets and liabilities should be listed with approximate values — full financial disclosure is essential for the agreement to be enforceable, as courts will set aside agreements obtained without proper disclosure.

The property division provisions must specify how property acquired during the relationship will be divided upon separation — equally, proportionally based on contribution, or according to other agreed terms. Address the family home specifically — whether it is owned by one partner or jointly, how mortgage payments and maintenance costs are shared, and what happens to the home if the relationship ends. Include provisions for shared bank accounts, joint debts, and credit obligations.

Spousal support provisions should state whether the partners waive or agree to support obligations upon separation, and if support is agreed, the amount, duration, and conditions. Note that in some provinces, courts can override waiver clauses if the result would be unconscionable — the agreement should demonstrate that both parties understood the implications of any support waiver.

Independent legal advice is strongly recommended for both partners — while not legally mandatory in all provinces, its absence is the most common ground for challenging a cohabitation agreement's enforceability. Include a certificate of independent legal advice signed by each partner's lawyer. The agreement must be in writing, signed by both partners, and witnessed. The governing law should reference the applicable Canadian province.