Ontario Cohabitation Agreement Checklist | What to Include

Cohabitation Agreement Checklist: What to Include

Creating a comprehensive cohabitation agreement involves more than simply deciding who pays for groceries. From property rights to debt responsibilities, your agreement should reflect the realities of your shared life. Here’s what to include:

1. Property Ownership

Understanding who owns what can prevent lengthy disputes down the road.

• Identify assets owned before moving in
  Clearly list all property each person brings into the relationship. This may include a home, car, investments, or other valuable belongings.
• Outline how property acquired during the relationship will be divided
  Will you share new purchases 50/50? Will items bought individually remain with the buyer? Set guidelines to avoid disagreements in the event of a breakup.

2. Shared Expenses and Contributions

Money can quickly become a point of tension in any household. Address financial matters upfront.

• How bills, rent/mortgage, and groceries will be split
  Specify how you’ll divide regular living expenses. Will it be 50/50 or based on income proportion?
• Contributions to home improvements or joint purchases
  If one partner pays for renovations or furniture, how will that investment be recognized later? This section ensures fair treatment if things don’t work out.

3. Household Responsibilities

While not legally binding in the same way as financial clauses, addressing household responsibilities in your cohabitation agreement can help avoid conflict and miscommunication.

• Optional but helpful for clarity—who handles what at home
  Consider outlining who will be responsible for tasks such as cleaning, grocery shopping, cooking, and maintenance. This isn’t about micromanaging—it’s about setting clear expectations from the beginning.
• Managing pets, chores, and day-to-day living expectations
  If you share a pet, include details about its care, expenses, and what happens if the relationship ends. Day-to-day routines and shared expectations for tidiness, hosting guests, and quiet hours can also be addressed to reduce stress in the home.

Though not enforceable in court, these lifestyle agreements promote mutual understanding and smoother cohabitation.

4. Spousal Support Terms

Spousal support is one of the most sensitive topics in any relationship, and for common-law couples in Toronto, it’s often misunderstood. A cohabitation agreement can outline expectations and provide legal protection for both partners.

• Whether spousal support will be waived or agreed upon
  You can choose to waive the right to spousal support altogether or define the terms under which support will be paid. This must be done fairly and with full financial disclosure to be enforceable under Ontario family law.
• Under what conditions support might be paid (duration, income changes)
  Consider including clauses that outline support terms in the event of a breakup—such as how long the relationship must last before support becomes an issue, or whether income disparity at the time of separation would trigger payments.

Without these terms, a partner may have grounds to claim support under Ontario’s Family Law Act, particularly if the relationship was lengthy or involved financial dependence.

5. Debt Management

Discussing debt may feel uncomfortable, but it’s crucial when creating a cohabitation agreement. Without clear terms, you could be left liable for debts you didn’t incur.

• Each partner’s responsibility for their own or shared debts
  Outline whether each partner will remain responsible for their personal debts, including student loans, credit cards, and personal lines of credit. If you take on any joint debts—such as a shared credit card or car loan—be sure to document how those debts will be managed.
• What happens to jointly acquired debts if the relationship ends
  Your agreement should clarify how jointly incurred debts will be divided. Will they be split equally or based on who incurred them? This protects both parties from financial hardship and disputes after separation.

Debt management clauses offer peace of mind and can prevent future financial strain—especially in a high-cost city like Toronto.

6. Exit Strategy

No one wants to plan for a breakup, but having an exit strategy in your cohabitation agreement can make a difficult time much more manageable.

• What happens if one partner wants to move out
  Will the person leaving be given 30 days’ notice? Are they entitled to financial compensation for contributions made to the home? Define the process so both parties know what to expect.
• Timeline for vacating the home or buying out the other’s share
  If the couple owns the home together or shares a lease, outline how long the departing partner has to move out. If one partner wants to buy out the other’s share, establish how that will be calculated and what deadlines will apply.

7. Dispute Resolution Clause

Even with the most detailed agreement, disagreements can still arise. A dispute resolution clause provides a clear plan for resolving future conflicts without resorting to costly and stressful court proceedings.

• Mediation or arbitration instead of court
  Many couples choose to settle disputes through mediation (a facilitated negotiation process) or arbitration (a private decision-making process). Both offer more privacy, flexibility, and control than going to court.
• How future disagreements will be handled
  Specify the steps to follow if a disagreement occurs. Will you attempt informal discussions first? Will you select a specific mediator or arbitrator in advance? Laying this out can save time, money, and emotional strain if the relationship breaks down.

8. Parenting and Children (If Applicable)

If you and your partner share children—or plan to—your cohabitation agreement should address parenting responsibilities. While not a substitute for a formal parenting plan, it can set expectations and promote consistency.

• Plans for custody, support, and decision-making if the couple shares children
  Clarify who will have decision-making authority regarding education, health care, and religion. Outline child support expectations in line with Ontario’s Child Support Guidelines.
• How parenting responsibilities are divided
  Will parenting time be shared equally? Will one parent take on more day-to-day care while the other contributes financially? These discussions lay the groundwork for cooperative co-parenting and help reduce future disputes.

Note: The best interests of the child will always guide Ontario courts, so ensure your agreement prioritizes the child’s well-being and remains flexible to adapt as needs evolve.

Legal Requirements for a Valid Cohabitation Agreement in Ontario

In order for a cohabitation agreement to be legally enforceable in Ontario, it must meet certain requirements set out under the Ontario Family Law Act. Skipping these steps could lead to the agreement being challenged or overturned in court.

• Must be in writing and signed
  Verbal or informal agreements have no legal standing in Ontario. The cohabitation agreement must be in writing, signed by both parties, and ideally witnessed to help confirm its validity.
• Full financial disclosure required
  Each partner must provide honest and complete details about their financial situation—this includes income, debts, assets, and liabilities. A failure to disclose material financial information can result in the agreement being set aside by a judge.
• Independent legal advice strongly recommended
  While not strictly mandatory, having each party receive independent legal advice (ILA) is strongly recommended.
• Cannot contract out of certain rights affecting children
  While you can agree on parenting responsibilities and support expectations, you cannot override the legal rights of a child. Courts will always act in the best interests of the child, even if your agreement says otherwise.

By meeting these requirements, your agreement is far more likely to be upheld in the event of a dispute—offering peace of mind to both partners.

Mistakes to Avoid When Drafting Your Agreement

Even with the best intentions, poorly drafted cohabitation agreements can lead to confusion, disputes, or even legal invalidation. To ensure your agreement stands up in court and truly reflects your intentions, avoid these common pitfalls:

• Using vague or incomplete clauses
  Ambiguous language can lead to very different interpretations down the road. For example, stating that property will be “shared fairly” is unclear—what does “fairly” mean? Be specific about percentages, timelines, and responsibilities to eliminate guesswork.
• Relying on online templates without legal review
  While DIY templates may seem convenient, they often fail to address Ontario-specific laws or your unique circumstances. Without proper legal review, you risk leaving out critical protections or including unenforceable terms.
• Not updating the agreement when circumstances change
  Life changes—whether it’s the birth of a child, a new home, or a significant income shift—should prompt a review of your agreement. Failing to update the terms may result in outdated clauses that no longer reflect your living situation or financial reality.