What is a Cohabitation Agreement?

A Cohabitation Agreement is a written contract between people who live together and are in an intimate relationship but are not married or registered civil partners. A Cohabitation Agreement is also known as a relationship agreement or a living together agreement. In this contract, both parties outline how they will divide their current assets and liabilities if they end their committed relationship with each other. Couples who cohabit don’t share the same legal rights as married couples or registered civil partners, but they are similar in other ways. Like married couples, cohabiting couples may share the financial obligations of a residential property or guardianship over children. However, without the same legal rights that a married couple has, a cohabiting couple that breaks up must work harder to prove any entitlements. Obtaining a Cohabitation Agreement helps people in committed, long-term relationships protect their interests if their relationship ends.

When should I get a Cohabitation Agreement?

If you’re considering moving in with your partner (or recently moved in with them), you can use a Cohabitation Agreement to specify shared rights and responsibilities as well as individual entitlements. Clarifying these things when you first move in together helps avoid disputes later. Partners should create their Cohabitation Agreement when they are on good terms. This way, both parties can make decisions that are in their best interests without needing a third party (like a mediator) to intervene. Approaching the contract with positive intentions makes it easier to discuss the awkward subject of separation. After creating a Cohabitation Agreement, review and update the document every few years so it continues to reflect your current wishes.

Can I write my own Cohabitation Agreement?

Yes, if you and your partner agree on terms, you can use LawDepot’s Cohabitation Agreement template to write a contract for your living arrangement. To fill out the template, you’ll need information about: The start date of your cohabitation Your shared address Shared assets (e.g., real estate, vehicles, bank accounts, etc.) Separate assets (things owned exclusively by you or your partner) Shared and separate debts Your children, if you have any Please note: courts often require each party in a Cohabitation Agreement to seek independent legal advice when drafting the contract for it to be valid. Save the time spent with a lawyer by using LawDepot’s Cohabitation Agreement template to document agreed-upon terms. You must also ensure that both parties sign the agreement appropriately. Generally, that means signing the document with at least one or two witnesses.

Who retains property rights when an unmarried couple separates?

When an unmarried couple separates, the property rights typically remain with the person whose name is on the property title or tenancy agreement. However, like a ProductLink code="PRENUP" text="Prenuptial Agreement" before marriage, you can use a Cohabitation Agreement to help determine property ownership upon separation. Couples typically use this agreement to state an equal interest and entitlement to any shared property gained in their relationship. Cohabiting couples may also outline the specific assets or liabilities that they each own separately from one another. If they break up, authorities will generally respect and enforce the agreement rather than using statutes or case law to determine ownership during a dispute. Without this document, cohabiting couples will likely need to gather ample evidence to assert any claims in court. Property rights when your partner dies Without certain legal documents in place, cohabiting couples won’t have any automatic entitlements to a share of their partner’s property when they die. Generally, when two or more people own property together, they can do so as tenants-in-common or joint tenants. If a cohabiting couple owns property as joint tenants and one partner dies, their share automatically goes to the remaining owner. However, if they are tenants-in-common, one partner’s share will count towards their estate when they die. In this case, authorities will distribute property rights according to law. Courts will recognize and enforce a valid ProductLink code="WILL" text="Last Will and Testament" that designates property rights and other inheritances to a specific person—regardless of their legal relationship status with the deceased. Without a Last Will, you may need to apply to the court for an award from your deceased partner’s estate. In this case, a Cohabitation Agreement would act as evidence to support your claim.

Does cohabitation affect child support?

Although a Cohabitation Agreement cannot determine future child arrangements, you should think about parental responsibilities when drafting the document. If a person has parental responsibility for a child, they are accountable for fulfilling the legal, financial, and familial obligations related to that child’s well-being. While a child’s birth mother always has parental responsibility, an unmarried father doesn’t automatically gain the same legal relationship status. If you are entering into a Cohabitation Agreement with children from a previous relationship, consider if partners want to commit to legal adoption. If you already have children or plan to have them in the future, do both partners want to claim parental responsibility? These decisions impact how child arrangements may proceed in the future. When cohabiting parents separate, they must try to agree on an arrangement for their children. If a dispute breaks out, the couple may have to go to court to determine responsibility for issues of child support, custody, and access. At this point, a cohabiting father who does not already retain parental responsibility may also apply for the status.

Why should anyone get a Cohabitation Agreement?

A Cohabitation Agreement provides legal protections for couples who aren’t legally married but are in a serious, committed relationship. Couples that live together and combine their finances can often save money, share health benefits, and celebrate a wonderful kinship. If the relationship ends, a written agreement on how to distribute shared assets and liabilities protects the individual interests of both parties.

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COMMON LAW PARTNER AGREEMENT

THIS COMMON LAW PARTNER AGREEMENT (the "Agreement") dated this ________ day of ________________, ________.

BETWEEN:

_____________________
of _________________________

- AND -

_____________________
of _________________________

BACKGROUND

This Agreement is made between _____________________ and _____________________ (collectively the "Parties" and individually a "Party") who presently reside in a non-marital cohabitation, although there is no present intention to marry.
The Parties' non-marital cohabitation began or would begin on approximately the 26th day of May, 2022.
The Parties wish to enter into this Agreement to provide for the status, ownership, and division of property between them, including future property owned or to be acquired by either or both of them.
The Parties further wish to affix their respective rights and liabilities that may result from this relationship.
The Parties recognise the possibility of unhappy differences that may arise between them. Accordingly, the Parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement and, insofar as the statutory or case law permits, intend that any statutes that may apply to them will not apply to them.
Each Party has retained their own lawyer and has received independent legal advice regarding the terms of this Agreement.
The Parties acknowledge that neither is under any duress or undue influence of the other, and that they are voluntarily entering into this Agreement.
The Parties have disclosed to the satisfaction of each of them all assets and liabilities that each may have.

NOW THEREFORE in consideration of the upcoming common law partner agreement, and in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows:

PROPERTY
The Parties acknowledge that this Agreement will govern any determination of ownership of property that may occur in the event of the Parties separating, or upon the death of a Party.
All jointly acquired or jointly held property, however and whenever acquired, will remain the property of and be owned by both Parties and will be treated as shared property (the "Shared Property").
In the event of the Parties separating, or upon the death of a Party, all Shared Property will be deemed to be owned equally and each Party will be entitled to fifty percent (50%) of the net equity of the property, regardless of the initial or ongoing proportion of each Party's investment, unless the Parties have agreed otherwise in writing.
Except as otherwise provided in this Agreement, all property will be treated as property owned solely by either one of the Parties (the "Separate Property") except where:
1. it is Shared Property; or
2. there is proof of shared legal ownership.
Nothing in this Agreement will prevent or invalidate any gift, or transfer for value, from one Party to the other of present or future property.
Unless a Party can reasonably show that they solely own a piece of property, where either Party commingles jointly owned property with Separate Property, any commingled property will be presumed to be Shared Property.
DEBTS
The Parties acknowledge that this Agreement will govern any determination of responsibility of debts that may occur in the event of the Parties separating, or upon the death of a Party.
All jointly acquired or jointly held debts, however and whenever acquired, will remain the debts of and be owed by both Parties and will be treated as shared debts (the "Shared Debts").
Except as otherwise provided in this Agreement, all debts will be treated as debts owed solely by either one of the Parties (the "Separate Debts") except where:
1. it is Shared Debt; or
2. there is proof of shared legal responsibility.
In the event of a separation, or upon the death of a Party, all Shared Debt will be deemed to be owed equally and each Party will be financially responsible for 50% of any jointly acquired or jointly held debt, regardless of the initial or ongoing proportion of each Party's borrowed amount, unless the Parties have agreed otherwise in writing.
HOUSEHOLD EXPENSES
Each Party will pay fifty percent (50%) of the Parties’ household expenses.
The Parties’ household expenses will be paid out of a joint bank account (the “Joint Account”).
MAINTENANCE
The Parties agree that the investment of time or labour with respect to personal service in the property of the other, or otherwise, will be deemed to have been made gratuitously, and without expectation or right of compensation unless agreed to the contrary in writing.
It is the intention of the Parties to forever release each other from any maintenance obligations now and in the future no matter how their circumstances may change. They will not apply now or in the future under any legislation for maintenance. They each waive any rights they may have to proceed against the other under any law or statute for maintenance and rely upon the law of contract to govern in respect of this issue.
The Parties realise that their respective financial circumstances may be altered in the future by changes in their health, the cost of living, their employment, their marital status, the breakdown of their relationship, or otherwise. No such changes will give either Party the right to seek maintenance under any legislation. It is understood by each Party that this Agreement represents a final disposition of all maintenance issues between them.
ESTATES AND TESTAMENTARY DISPOSITION
Nothing in this Agreement will limit or affect any rights that each may acquire as a cohabitant or cohabitant in the property, assets or estate of the other cohabitant.
Nothing in this Agreement will invalidate or prevent either Party from naming the other as a beneficiary by will or other testamentary disposition.
SEVERABILITY
Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
INTENTION OF THE PARTIES
Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for many reasons, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
DUTY OF GOOD FAITH
This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
FURTHER DOCUMENTATION
The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
TITLE/HEADINGS
The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
ENUREMENT
This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
GOVERNING LAW
The laws of will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.
TERMINATION OR AMENDMENT
This Agreement may only be terminated or amended by the Parties in writing signed by both of them.

IN WITNESS WHEREOF the Parties have hereunto set their hands and seals on the ________ day of ________________, ________.

SIGNED as a DEED by _____________________
In the presence of:

Witness: ______________________ (Sign)
Witness Name: ______________________
Address: ___________________________			__________________________________
___________________________________			_____________________

Witness: ______________________ (Sign)
Witness Name: ______________________
Address: ___________________________
___________________________________

SIGNED as a DEED by _____________________
In the presence of:

Witness: ______________________ (Sign)
Witness Name: ______________________
Address: ___________________________			__________________________________
___________________________________			_____________________

Witness: ______________________ (Sign)
Witness Name: ______________________
Address: ___________________________
___________________________________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

COUNTY OF _________________

I, _________________________, of the City of ___________________, , Barrister and Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by _____________________, named in the within instrument, being a Common Law Partner Agreement, separate and apart from _____________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of the said Common Law Partner Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from _____________________, or any other person.

DATED at the City of ___________________, , this _____ day of _________, 20___.

________________________
BARRISTER & SOLICITOR
Print Name: _________________

I, _____________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.

________________________
_____________________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

COUNTY OF _________________

I, _________________________, of the City of ___________________, , Barrister and Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by _____________________, named in the within instrument, being a Common Law Partner Agreement, separate and apart from _____________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of the said Common Law Partner Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from _____________________, or any other person.

DATED at the City of ___________________, , this _____ day of _________, 20___.

________________________
BARRISTER & SOLICITOR
Print Name: _________________

I, _____________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.

________________________
_____________________

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