You are not required to hire a lawyer to draft a cohabitation agreement in Ontario. The Family Law Act only requires that the agreement be in writing, signed, and witnessed and Part IV of the FLA does not require either party to consult a lawyer before signing.

Technically, two people could draft and sign their own agreement, and any adult can act as a witness.

The easiest, fastest, and most affordable way to create a cohabitation agreement in Canada is to use Legal Line’s cohabitation agreement template.

Should you get independent legal advice (ILA)?

When an agreement is challenged, courts look at whether each party understood the nature and consequences of what they signed. Although not mandatory for the agreement to be legal, a certificate of independent legal advice from each party’s own lawyer shows that they knew what they were agreeing to and what they were giving up.

Can you each use the same lawyer?

A single lawyer cannot properly advise or draft the agreement for both people as it would be a conflict of interest. Each partner should retain separate counsel for the best independent legal advice for their situation.

What if you do not get legal advice?

No, ILA is not legally required for a cohabitation agreement to be valid. However, it can help protect the enforceability of the agreement, particularly if one party later claims they did not understand what they signed or that the agreement was unfair.

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 form.

								
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