Cohabitation Agreement
Protect Your Rights & Assets with a Legally Binding Cohabitation Agreement
What is a Cohabitation Agreement?
A Cohabitation Agreement is a legally binding contract between two individuals who live together in a common-law relationship. It outlines financial and property arrangements in case of separation or death, offering security and clarity for both partners.
In Ontario, common-law couples do not automatically have the same legal rights as married couples, especially regarding property division. Without a Cohabitation Agreement, partners may face uncertainty and legal disputes if the relationship ends.
At Aurigolaw, our experienced Cohabitation Agreement lawyer in Toronto ensures that your agreement is legally enforceable, protects your interests, and meets Ontario’s legal requirements.
For a Cohabitation Agreement service in Toronto to be legally enforceable, it must meet the following criteria:
A Cohabitation Agreement service helps common-law partners safeguard their assets, financial responsibilities, and future obligations. Key reasons to consider this agreement include:
Protecting Property & Assets
Ensure that property and financial assets remain in control of the intended party.
Avoiding Legal Disputes
Clearly define financial responsibilities and asset division to prevent conflicts.
Securing Estate & Inheritance Rights
Ensure assets are distributed according to personal wishes, especially in the absence of a will.
Clarifying Spousal Support Obligations
Set terms for financial support if the relationship ends.
Debt Management
Define responsibility for debts acquired before and during the relationship.
Understanding Common-Law Rights in Ontario
Under Ontario’s Family Law Act, common-law partners do not have automatic rights to property division in the event of separation. Unlike married couples, assets are not automatically shared. A Cohabitation Agreement service in Toronto ensures fairness and clarity in these situations.
Did You Know?
According to Statistics Canada, the number of common-law couples in Canada has increased by 447% since 1981, with over 3.9 million Canadians living in common-law relationships. However, many remain unaware of their legal rights.
Key Elements of a Cohabitation Agreement
Division of Property & Assets
A Cohabitation Agreement lawyer can draft terms specifying how property, real estate, savings, and investments will be divided in case of separation. Without an agreement, one partner could lose their fair share of assets.Spousal Support
A Cohabitation Agreement can clarify whether one partner will receive financial support after separation, how much, and for how long. Courts will typically enforce agreed-upon terms unless they are deemed unfair.Living Arrangements & Household Expenses
Partners can outline how housing costs, bills, and household responsibilities will be managed during the relationship and what happens if they separate.Debt Responsibilities
Clearly define which debts belong to each partner and whether any joint debts exist. Without an agreement, one partner may be unfairly burdened with financial liabilities.Estate & Inheritance Rights
Unlike married couples, common-law partners do not automatically inherit each other’s assets without a will. A legal Cohabitation Agreement service can outline inheritance terms and be used in estate planning.Legal Requirements for a Cohabitation Agreement in Ontario
For a Cohabitation Agreement service in Toronto to be legally enforceable, it must meet the following criteria:
Voluntary Agreement
Both parties must willingly sign the contract without pressure or coercion.
Independent Legal Advice
It is highly recommended that each party consult a Cohabitation Agreement lawyer to ensure fairness.
Full Financial Disclosure
Each partner must disclose their financial situation, including assets, debts, and income.
Fair & Reasonable Terms
The contract must not be grossly unfair or unconscionable; otherwise, a court may set it aside.
What a Cohabitation Agreement Cannot Include
Certain legal matters cannot be included in a Cohabitation Agreement:
Child Custody & Parenting Arrangements
Custody and access decisions must be based on the child’s best interests at the time of separation.
Child Support
Child support obligations are determined by law and cannot be waived or altered by contract.
Why Choose Aurigo Law for Your Cohabitation Agreement Service?
At Aurigolaw, we provide expert legal guidance to ensure your Cohabitation Agreement meets all legal requirements and protects your interests.
- Experienced Legal Team: Our expertise in Ontario’s family law ensures legally enforceable agreements.
- Personalized Approach: We tailor agreements to meet your specific needs.
- Transparent & Affordable Fees: No hidden costs—just clear, professional legal services.
Location
190 Parkhome Avenue,Toronto, Ontario M2R 1A2
info@aurigolaw.ca
Phone
+1 437-333-0560
10 FAQs About Cohabitation Agreements in Ontario
What is the difference between a Cohabitation Agreement and a Marriage Contract?
A Cohabitation Agreement applies to common-law partners, while a Marriage Contract (prenuptial or postnuptial agreement) applies to married couples. Both serve to protect assets and clarify financial responsibilities.
Is a Cohabitation Agreement legally enforceable in Ontario?
Yes, as long as it is voluntary, includes full financial disclosure, and meets fairness standards. A Cohabitation Agreement attorney can help ensure its validity.
Can we create a Cohabitation Agreement after we’ve already moved in together?
Yes. Couples can draft a Cohabitation Agreement at any time during their relationship, whether before or after they start living together.
Can a Cohabitation Agreement be changed?
Yes, partners can modify the agreement if both agree to the changes. The updated agreement should be reviewed by a Cohabitation Agreement lawyer to ensure its enforceability.
Do common-law partners have automatic property rights in Ontario?
No. Unlike married couples, common-law partners do not automatically have rights to each other’s property unless specified in a Cohabitation Agreement or a legal claim is made in court.
What happens if one partner refuses to sign a Cohabitation Agreement?
A Cohabitation Agreement must be signed voluntarily. If one partner refuses, the agreement cannot be enforced. Legal counsel can help negotiate fair terms.
Do we both need a lawyer to sign a Cohabitation Agreement?
While not legally required, it is highly recommended that both partners obtain independent legal advice to avoid future disputes.
What happens if we separate without a Cohabitation Agreement?
Without a Cohabitation Agreement, common-law partners may have to go through a lengthy legal process to determine property rights and financial responsibilities.
Does a Cohabitation Agreement expire?
No. The agreement remains valid unless both partners agree to modify it or a court invalidates it due to unfairness.
How long does it take to draft a Cohabitation Agreement?
The timeline depends on complexity and negotiations. Our Cohabitation Agreement service typically finalizes agreements within a few weeks.
Protect Your Future with a Cohabitation Agreement
A Cohabitation Agreement service in Toronto provides financial clarity and legal protection for common-law partners. Whether you want to safeguard assets, outline financial responsibilities, or prevent legal disputes, our expert Cohabitation Agreement lawyer can help.