Protecting Your Future Together
Living together in a common-law relationship is a major milestone, but many couples in Ontario are unaware that “living together” does not grant the same automatic property protections as marriage. A Cohabitation Agreement, often called a “common-law prenup,” is a proactive legal contract that provides financial clarity and peace of mind.
Under the Ontario Family Law Act, a cohabitation agreement defines how assets, debts, household expenses, inheritance and support will be handled during your relationship and in the event of a separation.
Whether you are moving in together or have lived together for years, this document turns “legal uncertainty” into a clear, pre-arranged plan.
In Ontario, the law treats married and common-law couples very differently when it comes to property.
Ensure your pre-marriage property, new investments, and hard-earned savings remain yours.
Ensure your business interests, professional practices, or startups remain under your control and operational.
Shield yourself from a partner’s pre-existing debts and protect future family inheritances or gifts.
Understanding your rights is the first step to a fair agreement. If you are unsure what terms to include, read our guide on what a woman should ask for in a prenuptial agreement to ensure your interests are fully protected.
A well-drafted agreement from Shaikh Law Firm goes beyond just “who gets what.” We integrate the following essential pillars:
Property & Asset Division: Specify how property owned before the relationship (like your home) and assets acquired during the relationship will be divided.
Debt Protection: Outline responsibility for individual debts (student loans, credit cards) to ensure you aren’t held liable for your partner’s financial history.
Household Expenses: Detail how household expenses, bills, and joint bank accounts are managed to prevent day-to-day friction.
Family & Inheritance: Protect inheritance or specific assets intended for children from a previous relationship.
Spousal Support: Clearly define, limit, or waive spousal support rights based on your specific needs.
One of the best features of this document is its longevity. If you and your partner choose to marry later, your cohabitation agreement automatically becomes a prenuptial agreement (marriage contract) under Ontario law, unless you specify otherwise.
It is a common misconception that you can decide everything in a contract. Under Ontario law, cohabitation agreements cannot pre-determine child custody, access, or child support. These issues must be decided at the time of separation based on the “best interests of the child.”
To ensure a court respects your agreement, it must meet three strict criteria:
In Writing: Verbal agreements are not enforceable.
Witnessed: Both partners must sign in front of witnesses.
Independent Legal Advice (ILA): Each partner should have their own lawyer review the agreement. Without ILA, a court may later set the agreement aside
While you can technically draft an agreement yourselves or use an online template, the court is much more likely to enforce an agreement where both parties received Independent Legal Advice. At Shaikh Law Firm, we ensure that:
Full financial disclosure is exchanged.
The agreement is signed without duress.
Both parties fully understand their rights before signing
Common law agreement costs in Ontario typically range from $750 to $3,600. While some online services advertise low ‘entry fees’ like $1,490, these often hide the true cost in mandatory installments—effectively doubling the price to $3,000 for the same service.
At Shaikh Law, we believe in total transparency. Our flat fee is $1,980 + HST and includes everything: the consultation, the drafting, and financial statements.
We offer a predictable, all-inclusive solution that protects you from the ‘hidden fees’ of other firms and the potential $90,000+ cost of future litigation
Don’t leave your financial future to chance. A properly drafted Cohabitation Agreement in Ontario is an investment in your relationship’s stability.
Multiple Meeting Locations
(905) 795 7757
info@slclawyer.ca
(905) 795 7757
City of Toronto & Greater Toronto Area, Ontario
TD Canada Trust Tower, 161 Bay St. 27th Floor, Toronto, ON M5J 2S1
Ph: (905) 795 7757
PH: (647) 812 6938
Fax: (905) 795 1271
E-mail: info@slclawyer.ca
Most traditional firms rely on slow, hourly billing. We use a streamlined, 100% online process that allows us to provide a high-quality, legally binding agreement for $1,980 + HST without the overhead or delays.
Yes. Every agreement we draft is tailored to the Ontario Family Law Act. By including detailed financial disclosures and providing Independent Legal Advice (ILA), we ensure your contract is as “bulletproof” as possible. You can learn more about the specific legal standards we meet in our Comprehensive Guide.
For an agreement to be enforceable in Ontario, both parties must have their own legal counsel. We can recommend several reputable lawyers who provide Independent Legal Advice (ILA) for a flat fee, ensuring the process remains fair and efficient.
Yes. The entire process, consultation, drafting, review, and signing, can be completed remotely for clients across Ontario.
Once financial information is provided, a first draft is typically delivered within 5–7 business days, depending on complexity.
Yes. Each party should obtain independent legal advice to ensure the agreement is valid and to reduce the risk of it being challenged in court. We offer a flat-fee prenuptial review service for $630
Failure to provide full and accurate disclosure can result in the agreement being set aside by a court. Transparency is essential for enforceability.
Yes. In Ontario, a prenuptial agreement and a Marriage Contract are essentially the same legal document. If you are already married, you can still protect your assets and define spousal support terms
