Cohabitation agreements are an essential legal tool for unmarried couples living together. They help protect each partner’s interests and clarify expectations—especially if the relationship ends. But many couples wonder: Can we just draft one ourselves? And what happens if we don’t get legal advice?
1. What Is a Cohabitation Agreement?
A cohabitation agreement is a legally binding contract between two people in a marriage-like relationship (commonly referred to as a common-law relationship). It sets out how property, finances, and responsibilities will be handled both during the relationship and in the event of separation.
These agreements typically address:
- Division of property and debts – Who owns what, and how will things be divided if you separate?
- Spousal support – Will either partner be responsible for support payments after a breakup?
- Financial contributions – How will expenses like rent, mortgage, and utilities be shared?
- Rights to shared assets – What happens to joint bank accounts, investments, or real estate?
In British Columbia, cohabitation agreements are enforceable under the Family Law Act—but only if they meet certain legal standards.
2. Can You Draft a Cohabitation Agreement Without a Lawyer?
Yes, it’s possible to write your own agreement. It may seem cost-effective, but it comes with serious legal risks. To be legally valid, a cohabitation agreement must:
- Be in writing
- Be signed voluntarily by both partners
- Include full and honest financial disclosure
- Avoid being unconscionably unfair
However, the courts can set aside the agreement if:
- One partner didn’t fully understand what they were agreeing to
- There was pressure, coercion, or undue influence
- The agreement significantly favours one party
- There was incomplete or hidden financial disclosure
If any of these issues are present, a judge may declare the agreement unenforceable—potentially leading to unexpected financial consequences.
Many couples attempt to save money by creating their own agreement. Unfortunately, a poorly drafted or incomplete contract may offer little to no legal protection. Common pitfalls include:
- Missing key legal language – Courts may reject vague or improperly worded agreements.
- Incomplete financial disclosure – Omitting assets or debts can invalidate the agreement.
- Unfair terms – If the terms are overly one-sided, they may not be upheld.
- No provisions for future change – Agreements that fail to account for major life changes (like children or career shifts) may become outdated and unenforceable.
3. Why You Should Involve a Lawyer
Having a family lawyer draft or review your cohabitation agreement ensures it’s valid, enforceable, and tailored to your specific situation. A lawyer can:
- Ensure the agreement is fair and balanced
- Provide independent legal advice to each partner, which strengthens the agreement
- Oversee full financial disclosure, reducing the chance of future challenges
- Include future-proof clauses that account for potential changes, like children or major financial shifts
Most importantly, having a lawyer involved makes it much harder for the agreement to be challenged or overturned in court. Without legal advice, you risk:
- Long and expensive court battles
- Having the agreement set aside entirely
- Facing unexpected spousal support obligations or property division
- Ending up in a worse financial position than if you had no agreement at all
