Cohabitation Agreements

If the parties are not married and do not plan to marry, but want to cohabit (live together), they may wish to enter into a Cohabitation Agreement.

The Family Law Act provides that cohabitation agreements may be entered into by persons of the opposite sex or of the same sex who are cohabiting or intend to cohabit.

The fact that two people are sharing accommodation does not necessarily constitute cohabitation. To cohabit, the couple must be living together in a conjugal relationship.

Cohabitation agreements may regulate the rights and obligations of the respective parties during cohabitation, on the cessation of cohabitation, or on death. Such agreements may predetermine the ownership or division of property, support rights and obligations, the right to direct the education or moral upbringing of children, and any other matter in the settlement of the cohabitants’ affairs.

Cohabitation agreements can provide relative harmony, predictability, and stability to a relationship. Our office can assist you in forming such agreements pursuant to the relevant law.