Ontario law does not set a mandatory deadline for signing a cohabitation agreement, but timing affects both how well the agreement is negotiated, and, in some cases, what rights may already exist for each party by the time it is signed.

A quick and affordable option to create a Cohabitation Agreement is to use Legal Line’s cohabitation agreement form.

Signing before moving in together

Signing before cohabitation begins can avoid confusion regarding whether one partner already had rights before the agreement had existed. Both individuals have time to review the terms, clarify issues, and get independent legal advice before moving in together.

Signing after moved in together

A cohabitation agreement is still valid if signed after the couple has started living together. Section 53(1) of the Family Law Act (FLA) covers people who are already cohabiting, and those intending to live together.

When should you consider creating a Cohabitation Agreement?

A couple should consider a cohabitation agreement if:

• They are moving in together for the first time.
• They are buying a home together, or one partner is moving into a home the other already owns.
• They are starting or growing a business during the relationship.
• There is a significant gap in income, assets, or debt between partners.
• They are planning to have children together.

The longer a couple cohabits without an agreement, the more shared property and financial issues can become complicated. As well, once three years of cohabitation have passed, or sooner if the couple has a child together, potential spousal support obligations under FLA s. 29 may already apply by default. An agreement signed before this point allows couples to define their rights before they may be decided for them.

Can the Agreement be updated?

As circumstances change, a cohabitation agreement can be amended by creating another written, signed, and witnessed agreement. Circumstances could include marriage, the birth of a child, or a significant change in either partner’s finances.

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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