Cohabitation Agreement Lawyers in Toronto

Planning a life together is exciting, but protecting your financial future is equally important. At Giving Tree Family Law, our lawyers help you draft cohabitation agreements that not only safeguard your assets but also help you define financial responsibilities and reduce potential disputes. 

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Understanding a Cohabitation Agreement in Ontario

A cohabitation agreement is a legal contract between two unmarried individuals who live together or plan to do so. Unlike married couples, common-law partners in Ontario do not have automatic rights to property division under the Family Law Act. This means that without a cohabitation agreement, you may not have a clear understanding of how assets or spousal support will be handled if the relationship ends.

Benefits of a Cohabitation Agreement

  • Protection of Assets: Safeguard your individual property and assets from potential claims by your partner.
  • Clarity and Certainty: Clearly define financial responsibilities and expectations, reducing the potential for misunderstandings in your relationship.
  • Avoiding Legal Complexities: In the absence of an agreement, property division and support issues may be determined by the courts, which can be time-consuming and costly.
  • Strengthen Your Relationship: Knowing that you have a legally binding agreement in place can keep you free of unwanted stress and strengthen your relationship.

What is Included in a Cohabitation Agreement?

  • Property Ownership and Division: Specifies which assets are owned individually and which are joint, and how they will be divided if the relationship ends.
  • Sharing Financial Contributions: Details how household expenses, debts, and other financial obligations will be shared.
  • Spousal Support Terms: Outlines whether one partner will pay spousal support to the other, and if so, the amount and duration.
  • Division of Business Interests: Addresses the ownership and division of any business interests or investments.
  • Inheritance Rights: Clarifies how inheritances will be treated and whether they will be considered joint property.
  • Dispute Resolution: Establishes how disputes will be resolved, such as through mediation or arbitration.

It is important to note that a cohabitation agreement cannot address matters related to child custody, access, or child support, as these issues are always determined based on the best interests of the child.

Our Process for Creating a Legally Binding Cohabitation Agreement

  • Step 1: Initial Consultation

    We start by understanding your relationship, financial situation, and goals for the agreement. This allows us to identify key issues that need to be addressed.

    Step 2: Full Financial Disclosure

    Both partners provide complete information about their assets, debts, and financial obligations. Full disclosure is essential to create a valid and enforceable agreement.

    Step 3: Drafting the Agreement

    Our lawyers prepare a customized cohabitation agreement that addresses property division, financial responsibilities, spousal support, and other legal matters.

    Step 4: Independent Legal Advice

    Each partner receives independent legal advice to ensure they fully understand the agreement and its implications.

    Step 5: Signing and Witnessing

    Once both parties are satisfied, the agreement is signed and witnessed, making it legally binding under Ontario law.

Why Choose Giving Tree Family Law to Prepare a Cohabitation Agreement?

  • Experienced Toronto Lawyers: Our family law team has extensive experience preparing cohabitation agreements that protect your interests.
  • Accessible Across Ontario: We also offer online consultations so you can work with our lawyers from anywhere in the province.
  • Legal Aid Accepted: Eligible clients can access our services through Legal Aid Ontario, making professional legal support more accessible.
  • Personalized Approach: We take the time to understand your unique relationship and financial situation to create an agreement tailored specifically to your needs.
  • Clear Communication: Our cohabitation lawyers explain complex legal terms in plain language, so you understand every clause before signing.
  • Dispute Prevention: By drafting a comprehensive and legally sound agreement, we help prevent misunderstandings and minimize potential conflicts in the future.

Strengthen Your Relationship with a Cohabitation Agreement

A cohabitation agreement offers a plan for security in your relationship. Giving Tree Family Law ensures your agreement is comprehensive, legally enforceable, and customized to your needs.

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FAQs About Cohabitation Agreement Lawyers

What is a cohabitation agreement in Ontario?
A cohabitation agreement is a legally binding contract between two people who live together but are not married. It sets out how property, debts, support, and other financial matters will be handled during the relationship, if the relationship ends, or if one partner passes away.
Do common-law partners have the same rights as married couples?
No, common-law partners in Ontario do not automatically have the same property rights as married couples. While married spouses have equal rights to share in the value of marital property, common-law partners generally keep property in their own name unless an agreement states otherwise.
Why do I need a lawyer for a cohabitation agreement?
For a cohabitation agreement to be valid, both parties must provide full financial disclosure and ideally receive independent legal advice. Without this, the agreement could be challenged in court. A lawyer ensures the contract complies with Ontario law and protects your interests in case of separation or dispute.
Can a cohabitation agreement be changed later?
Yes, a cohabitation agreement can be updated if circumstances change, such as the birth of a child, purchase of property, or transition into marriage. The updated agreement must also be signed, witnessed, and comply with Ontario law. Many couples revisit their agreement as their relationship and financial situation evolve.
Is a cohabitation agreement still valid if we get married?
Yes, but once you marry, your cohabitation agreement automatically becomes a marriage contract under Ontario’s Family Law Act. It may need to be reviewed and updated to reflect the rights and obligations of marriage. A lawyer can ensure the contract continues to provide proper protection after marriage.
How much does a cohabitation agreement lawyer cost in Ontario?
At Giving Tree Family Law, we offer legal services starting from $350 per hour, and we also accept Legal Aid Ontario for eligible clients. This ensures couples have access to affordable legal services without compromising on quality.

Giving Tree Family Law Headquarters

300 Bloor Street East, Toronto, Ontario M4W 3Y2, Canada

Email: info@givingtreefamilylaw.ca

Phone: 1 (833) 448 4648

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