Family and Divorce Law
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A cohabitation agreement is a written contract between two people who live together, or plan to, without being married. In British Columbia, couples who live together in a marriage-like relationship for two years are generally treated like married spouses when it comes to dividing property, and many people do not realise this until they separate. This guide explains who counts as a spouse, how property is shared, what a cohabitation agreement can and cannot do, the formal requirements, when a court can set an agreement aside, and how the rules differ in Ontario.
Last updated: October 30, 2026
In this article
This short explainer video covers who counts as a spouse in BC, how property is shared, what makes an agreement stronger, what an agreement cannot decide about children, and how Ontario differs.
A cohabitation agreement sets out what will happen to property, debts and, in some cases, spousal support if a relationship ends. It lets a couple make their own arrangements instead of relying only on the default rules in the law.
In British Columbia, the Family Law Act, SBC 2011, c 25 allows spouses to make agreements about dividing property and debt (section 92) and about spousal support. In Ontario, section 53 of the Family Law Act, RSO 1990, c F.3 specifically allows two people who are cohabiting or intend to cohabit, and who are not married to each other, to make an agreement about their rights and obligations during cohabitation, on separation or on death. If the couple later marry each other, the Ontario cohabitation agreement is deemed to be a marriage contract (section 53(2)).
Pax Law Corporation’s family law and divorce team helps clients prepare and review cohabitation, marriage and separation agreements.
Under section 3(1) of BC’s Family Law Act, a person is a spouse if they are married, or if they have lived with another person in a marriage-like relationship for a continuous period of at least two years. For most other parts of the Act, having a child together can also make someone a spouse, but not for property division (Part 5) or pension division (Part 6).
This means that in BC, an unmarried couple who have lived together in a marriage-like relationship for two years are generally treated like married spouses for property division, even if they never signed anything. Under section 3(3), the relationship is treated as beginning on the earlier of the date the couple began living together in a marriage-like relationship or the date they married.
A cohabitation agreement can change these default rules. For example, a couple can agree that a home one person owned before moving in, including its growth in value, will stay with that person. Section 92 allows spouses to agree to divide property or debt equally or unequally, and to include or exclude property or debt.
Section 93 of BC’s Family Law Act applies to a written agreement about property and debt that is signed by both spouses, with each signature witnessed by at least one other person. The same person may witness both signatures.
Under section 93(6), a court may also apply these rules to an unwitnessed written agreement if that is appropriate in all the circumstances. Even so, the safest approach is to put the agreement in writing, have both people sign it, and have each signature witnessed.
A signed agreement is not always final. Under section 93(3), the Supreme Court of British Columbia may set aside or replace all or part of a property agreement if, when the agreement was made:
Under section 93(5), even if none of those problems existed, the court may intervene if the agreement is significantly unfair, considering the time that has passed since it was made, the spouses’ intention to achieve certainty, and how much they relied on its terms.
Section 164 has similar rules for spousal support agreements, including a failure to disclose income, and a significant unfairness test that also considers changes in each spouse’s circumstances and the spousal support objectives of the Act.
Parenting arrangements must be based on the best interests of the child only (section 37). Under section 44, an agreement about parenting arrangements is binding only if it is made after separation, or when separation is about to happen. Under section 148, a court may set aside or replace child support terms if it would make a different order under the Child Support Guidelines.
In practice, a cohabitation agreement cannot lock in parenting time or child support before a couple separates. Those issues are decided based on the child’s needs at the time.
Under section 198(2) of BC’s Family Law Act, unmarried spouses generally have two years from the date they separated to start a court claim to divide property or family debt, divide a pension or obtain spousal support. A separate two-year period applies to applications to set aside an agreement, running from when the spouse discovered, or reasonably ought to have discovered, the grounds. These time limits can be suspended during certain family dispute resolution processes, so get legal advice early.
Ontario’s rules differ in several important ways:
In LeVan v. LeVan, 2008 ONCA 388, the Court of Appeal for Ontario explained that this is a discretionary, two-step analysis: the court first decides whether a ground in section 56(4) is proven, and then whether it is appropriate to set the contract aside. Pax Law Professional Corporation assists Ontario clients from its Toronto office; see its Toronto family law page.
If you are already separated, a separation agreement may be the right document instead. Mediation and negotiation may help you reach an agreement without going to court.
Get legal advice before you move in together or soon after, before you buy property together, before you sign any agreement, and as soon as possible after you separate. Pax Law Corporation helps clients with cohabitation, marriage and separation agreements in British Columbia from its North Vancouver office. You can also read about prenuptial and marriage agreements and divorce and separation.
It is a written contract between two people who live together, or plan to, without being married. It sets out how property, debts and, in some cases, spousal support will be handled if the relationship ends.
Generally yes, if they lived together in a marriage-like relationship for a continuous period of at least two years. Under section 3 of BC’s Family Law Act, they are spouses for property division.
No. Having a child can make someone a spouse for other parts of BC’s Family Law Act, but not for property division or pension division, which need the two-year period.
A couple can agree how to treat property such as a home owned before moving in, a business, or a future inheritance, including any growth in value, which would otherwise generally be shared as family property.
Section 93 applies to a written agreement with each signature witnessed by at least one other person. A court may apply it to an unwitnessed written agreement in some cases, but witnessing is the safer approach.
Yes. Under section 93, a court may set aside or replace all or part of a property agreement for problems such as non-disclosure, improper advantage, lack of understanding, or significant unfairness.
Not in a binding way in advance. In BC, parenting agreements are binding only if made after or about the time of separation, and child support terms can be set aside under section 148.
It is strongly recommended. In Hartshorne, 2004 SCC 22, the Supreme Court of Canada described independent legal advice as an important means of ensuring an informed decision.
Unmarried spouses generally have two years from the date of separation to start a claim to divide property or family debt, divide a pension, or obtain spousal support under section 198.
Yes. Unmarried couples in Ontario are not spouses for property equalization, and the support threshold is generally three years of cohabitation or a relationship of some permanence with a child.
Under section 53(2) of Ontario’s Family Law Act, it is deemed to be a marriage contract.
Yes. You can amend it, and you should review it after major life changes. Any amendment should also be in writing, signed and witnessed.
If you are moving in together, already living together, or separating, Pax Law Corporation can review your situation with you.
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Disclaimer: This article is general information only, not legal advice. It reflects British Columbia’s Family Law Act, Ontario’s Family Law Act and the federal Divorce Act as of the date above. Rules change and every situation is different. Reading this article does not create a lawyer-client relationship. Speak with a lawyer about your own circumstances before you act.
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