Area of Law: Family Law
Answer # 0137
Can you use a Cohabitation Agreement template?
Region: Ontario Answer # 0137A cohabitation agreement template is an online document that guides couples through creating an agreement to set out their financial arrangements and responsibilities, without needing to hire a lawyer.
The easiest, fastest, and most affordable way to create a cohabitation agreement in Canada is to use Legal Line’s cohabitation agreement form.
Is a template considered a legal document?
Yes, a cohabitation agreement created using a template is a legal document in Ontario. If it is properly completed, signed, and witnessed it will satisfy the formal requirements of s. 55(1) of the Family Law Act (FLA). Using a template document to create a cohabitation agreement can help a couple clarify and organize the issues to be addressed if they wish to speak with a lawyer for independent legal advice later.
What to know before using a Cohabitation Agreement template
- They may not reflect Ontario-specific rules, such as the limits on dealing with future parenting time, decision-making responsibility, or child support.
- They often fail to include a real, itemized financial disclosure schedule, which is important evidence if the agreement is later challenged for non-disclosure under s. 56(4)(a) of the FLA
- Boilerplate clauses may not fit the couple’s actual situation – for example, how a home purchased partway through the relationship should be treated – leaving gaps a court may fill in ways neither party intended.
What are the benefits to using template?
Using a template can be much less expensive than having a lawyer draft the agreement. If properly completed, meeting the formal requirements of the Family Law Act (FLA), is signed by both parties and witnessed, a template-based agreement is considered a legal document.
Should you get Independent Legal Advice (ILA)?
Regardless of whether you hire a lawyer or use a template, obtaining a certificate of independent legal advice from a lawyer can help strengthen your agreement and reduce the risk of future challenges.
Getting the advice and help you need
Before you say “I do,” protect your future. Contact Prenup.ca for clear, enforceable marriage contracts that safeguard your assets and reduce conflict if things change. Speak with an experienced Ontario family lawyer today at 1-800-837-0460 .
Get your Cohabitation Agreement
Every common-law couple should consider having a cohabitation agreement to establish clear expectations, address important financial matters, and help prevent conflicts in the future.
The easiest, fastest, and most affordable way to create a cohabitation agreement in Canada is to use Legal Line’s cohabitation agreement template.
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