A Co Habitation Agreement is essential for unmarried couples in Canada who plan to live together or are already cohabiting. This document becomes particularly important given that common-law relationships are treated differently across Canadian provinces and territories, with Quebec having notably distinct rules under its Civil Code. The agreement typically covers property division, financial responsibilities, support obligations, and living arrangements. It's recommended to create this agreement before or shortly after beginning cohabitation to ensure both parties' interests are protected. The document should be drafted with independent legal advice for each party and must comply with provincial family law requirements to ensure enforceability. Recent Canadian court decisions have emphasized the importance of such agreements in providing clarity and certainty in common-law relationships, particularly regarding property rights and support obligations.
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1. Parties: Identifies and provides full legal names and current addresses of both parties entering into the agreement
2. Background: States the parties' intention to live together, their current status, and the purpose of entering into this agreement
3. Definitions: Defines key terms used throughout the agreement including 'cohabitation', 'separate property', 'joint property', etc.
4. Cohabitation Arrangements: Details of living arrangements, including primary residence and any shared living expenses
5. Property Rights: Specifies how property owned before cohabitation and acquired during cohabitation will be treated
6. Financial Obligations: Outlines shared expenses, individual financial responsibilities, and method of sharing costs
7. Bank Accounts: Addresses joint and separate bank accounts, including management and division
8. Debts and Liabilities: Specifies responsibility for existing and future debts
9. Dispute Resolution: Processes for resolving disagreements, including mediation requirements
10. Termination: Circumstances and process for ending the cohabitation agreement
11. Governing Law: Specifies the provincial/territorial law governing the agreement
12. Severability: States that if any provision is found invalid, the remainder of the agreement remains in effect
13. Entire Agreement: Confirms this document represents the complete agreement between parties
1. Children: Addresses arrangements for existing children from previous relationships, including living arrangements and financial responsibilities
2. Pets: Specifies ownership, care responsibilities, and arrangements in case of separation
3. Business Interests: Addresses treatment of business assets and income if either party owns a business
4. Support Obligations: Details any agreed-upon support arrangements in case of relationship breakdown
5. Death Provisions: Addresses rights and obligations in the event of death of either party
6. Future Property Acquisition: Specific provisions for treatment of property to be acquired in the future
7. Gifts and Inheritances: Treatment of gifts and inheritances received during cohabitation
8. Insurance Policies: Provisions regarding life, health, or property insurance policies
9. Intellectual Property: Addresses ownership and rights to intellectual property created during cohabitation
1. Schedule A - Financial Disclosure: Detailed statement of each party's assets, liabilities, and income at time of agreement
2. Schedule B - Property Inventory: Comprehensive list of separate property owned by each party prior to cohabitation
3. Schedule C - Shared Household Items: Inventory of jointly owned household items and their agreed disposition
4. Schedule D - Cost Sharing Formula: Detailed breakdown of how shared expenses will be calculated and divided
5. Schedule E - Personal Items: List of personal items that will remain separate property during cohabitation
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