What Is a Cohabitation Agreement in British Columbia and Why Is It Important

Many couples in British Columbia choose to live together without getting married. While this arrangement works well for many people, it is important to understand that living together can create significant legal rights and obligations under BC law. A cohabitation agreement is one of the most effective ways for unmarried couples to protect themselves and plan for the future.

What Is a Cohabitation Agreement?

In British Columbia, a cohabitation agreement is a legally binding contract between two people who live together, or plan to live together, in a marriage-like relationship but are not married.

Cohabitation agreements are recognized under the Family Law Act of British Columbia. They allow couples to set out their financial rights and responsibilities during the relationship and in the event of separation.

Why Cohabitation Agreements Matter in BC

 Under BC’s Family Law Act, unmarried couples may be considered “spouses” if they:

  • Have lived together in a marriage-like relationship for at least two years, or

  • Have lived together for less than two years but have a child together

Once a couple qualifies as spouses, they may have rights and obligations similar to married spouses, particularly with respect to property division and spousal support. These legal consequences arise automatically, even if the couple never intended them.

A cohabitation agreement allows couples to opt out of the default rules and create arrangements that better reflect their intentions.

What Can a BC Cohabitation Agreement Cover?

A cohabitation agreement can be tailored to each couple’s circumstances. Common provisions include:

  • How property will be owned and divided if the relationship ends

  • Responsibility for debts incurred before and during the relationship

  • Whether spousal support will be paid, limited, or waived

  • Treatment of property brought into the relationship

  • Protection of inheritances, gifts, or family assets

  • How shared expenses will be handled while living together

While a cohabitation agreement cannot predetermine parenting arrangements or child support, it can address most financial issues that commonly arise upon separation.

Key Benefits of a Cohabitation Agreement

1. Protecting Property and Assets

Without an agreement, family property is generally divided equally upon separation. A cohabitation agreement can help protect assets acquired before the relationship, such as real estate, investments, or business interests, as well as clarify how any increase in value will be treated.

2. Reducing Conflict and Legal Costs

Separation disputes often stem from unclear expectations. By addressing financial matters in advance, a cohabitation agreement can significantly reduce conflict, stress, and legal expenses if the relationship ends.

3. Providing Certainty and Peace of Mind

A cohabitation agreement encourages open and honest conversations about finances and future plans. Rather than undermining a relationship, this clarity often strengthens it by ensuring both partners understand their rights and obligations.

Is a Cohabitation Agreement Enforceable in BC?

Yes, cohabitation agreements are enforceable in British Columbia, provided they meet certain legal requirements. Courts may set aside an agreement if:

  • There was incomplete or misleading financial disclosure

  • One party was pressured or did not enter the agreement voluntarily

  • The agreement is significantly unfair

  • A party did not receive independent legal advice

Proper legal drafting and advice greatly increase the likelihood that an agreement will be upheld.

When Should You Consider a Cohabitation Agreement?

A cohabitation agreement is particularly important if:

  • One partner owns a home or other significant assets

  • One partner is moving into the other’s property

  • There is a large difference in income or wealth

  • One partner has children from a previous relationship

  • A business or professional practice is involved

Ideally, the agreement should be completed before or shortly after moving in together.

How a BC Family Lawyer Can Help

A family lawyer can explain how the Family Law Act applies to your situation, draft a cohabitation agreement tailored to your needs, and ensure all legal requirements are met. Independent legal advice for both parties is essential to protect the agreement’s enforceability.

In British Columbia, living together can create legal rights similar to marriage. A cohabitation agreement allows couples to take control of their financial arrangements, protect their assets, and reduce uncertainty.

If you are considering moving in with a partner or are already living together, speaking with a BC family lawyer about a cohabitation agreement is a proactive step toward protecting your future.