Co-Habitation Agreement - Ontario

Co-Habitation Agreement (sometimes called a Pre-Nuptial Agreement) designed for use in Ontario - Canada.

For Immediate Download

$24.95 CAD Add to Cart
60-Day Money Back Guarantee
Please select a state

File types included

  • Microsoft Word
  • Adobe PDF
  • WordPerfect
  • Rich Text Format

Compatible with

  • Windows
  • Mac OS X
  • Linux

For Immediate Download

$24.95 CAD Add to Cart
60-Day Money Back Guarantee
Please select a state

Lawyer prepared

Our forms are kept up-to-date and accurate by our lawyers

Unlike other sites, every document on FindLegalForms.com is prepared by a lawyer, so you can be sure that you are getting a form that is accurate and valid in Canada.

Verified in Canada

Our forms are guaranteed
to be valid in Canada

Our team works tirelessly to keep our products current. As the laws change in Canada, so do our forms.

Over 3,500,000
satisfied customers

In over 10 years of creating and selling legal forms, our focus has never changed: providing our customers high quality legal products, low prices and an experience that takes some confusion out of the law.

60-Days Money Back

Try our forms with no risk

If you are unhappy with your form purchase for any reason at all, contact us within 60 days and we will refund 100% of your money back.
So you've decided to move in together, but there are no immediate plans for marriage? Many people assume that their expectations regarding finances and expenses are the same as their significant others', but it is often the case that this isn't true. And in these circumstances, if the relationship ends, the problems sorting out these expectations can be quite stressful and expensive.

This Cohabitation Agreement (sometimes also known as a Pre-Nuptial Agreement) is a written agreement between two people living, or intending to live, in a conjugal relationship with one another. A Co Habitation Agreement can provide for division of property, support or any other matter on death or the termination of the relationship. It can provide that the couple will have the same or similar rights vis-à-vis one another as a married couple. The agreement may also provide that it continues in the event the couple formally marries.

Important provisions included in this Cohabitation Agreement:
  • Regime of Separate Property
  • Deemed Ownership
  • The Trust
  • Property included in the Net Family Property
  • Matrimonial Home and division of Matrimonial Home upon Marriage
  • Estate of Male
  • Gifts to Each Other and Furniture
  • Release of Rights in each Other's Estate
  • Financial Disclosure and Independent Legal Advice
  • and more ...
This attorney-prepared packet includes:
  1. Co-Habitation Agreement Information
  2. Co-Habitation Agreement
  3. Certificates of Independent Legal Advice
Law Compliance: This form is designed for use in Ontario - Canada.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
Cohabitation Agreement
THIS AGREEMENT made on [Date of Cohabitation Agreement]
B E T W E E N:
[NAME OF MALE]
(“Male”)
- and -
[NAME OF FEMALE]
(“Female”)
 
1.   Definitions
In this Agreement:
(a)   "Breakdown of the Marriage" or "Breakdown" means the earliest of the following events:
(i)   the Separation of the parties with no reasonable prospect that they will resume Cohabitation;
(ii)   the Separation of the parties after their marriage with no reasonable prospect that they will resume Cohabitation;
(iii)   the dissolution of the marriage of the parties;
(iv)   the annulment of the marriage of the parties; or
(v)   the death of one of the parties.
(b)   "Cohabit" means to live together in a conjugal relationship;
(c)   "Divorce Act" means the Divorce Act, 1985 (Canada), as amended from time to time and any successor statute or Act;
(d)   "Fair Market Value" means, for the purpose of paragraphs 10 and 11 of this Agreement, the amount determined by averaging two appraisals conducted by qualified independent appraisers to be mutually agreed upon by Male and Female or their respective administrators or executors;
(e)   "Family Law Act" means the Family Law Act (Ontario), as amended from time to time and any successor statute or Act;
(f)   "Matrimonial Home" means the property located at [Address of Matrimonial Home], and any property or properties purchased by Male and Female in substitution for such property and used by both of them as their common residence. A legal description of this property is marked as Schedule "A" to this agreement.
(g)   "Net Family Property" means net family property as that term is defined in the Family Law Act.
(h)   "Property" means any interest, present or future, vested or contingent, in real or personal property.
(i)   "Separate" means to cease to cohabit with no reasonable prospect of resuming Cohabitation.
(j)   "Succession Law Reform Act" means the Succession Law Reform Act (Ontario), as amended from time to time and any successor statute or Act.
(k)   "Support" means and includes interim interim support, interim support, final support, interim interim maintenance, interim maintenance, final maintenance, interim interim alimony, interim alimony and final alimony, or any other term of similar or like meaning.
(l)   "Surrogate Court Act" means the Surrogate Court Act (Ontario), as amended from time to time and any successor statute or Act.
(m)   "Trust" means the [Name any Family Trust to which either Male of Female are Beneficiaries] Family Trust between [Name of Trust Settlor] as Settlor and the present Trustee, [Name of Trustee of Trust] and includes income produced by it or any of its assets to which  has any interest or entitlement, now or in the future. Without restricting the generality of the foregoing, the assets of the trust include property and corporate interests and all the assets of such corporate interests including related and subsidiary corporations, and partnerships and sole proprietorships and any other business entities and shall, for the purposes of this Agreement, include any property purchased by  with any funds or property received from the trust by ?.
(n)   "Trustee Act" means the Trustee Act (Ontario) as amended from time to time and any successor statute or Act.
(o)   "Valuation Date" means valuation date as that term is defined in the Family Law Act.
2.   Background
(a)   Male and Female have been Cohabiting since [Date of Commencement of Co-Habitation] and plan to continue to do so indefinitely.
(b)   Male is presently married. Female is not married.
(c)   Male and Female intend by this Agreement to override any rights or obligations relating to support or property imposed on either or both of the parties by:
(i)   any legislation including the Family Law Act, the Divorce Act, the Succession Law Reform Act, the Trustee Act, or the Surrogate Court Act; and
(ii)   in a constructive, implied or resulting trust, or any other doctrine in law or equity in any jurisdiction.
(d)   Except as specifically provided by this Agreement, and regardless of whether they later marry, Male and Female wish to affirm that none of the property of either party will be divided between them except according to ownership.
(e)   If Male and Female shall marry, and there is a Breakdown of the Marriage, they wish to make specific provision for the division of any increase in value of the Matrimonial Home between the date of such marriage and the date of the Breakdown of the Marriage.
3.   Agreement
Male and Female agree to be bound by the provisions of this Agreement.
4.   Effective Date of Agreement
This Agreement will take effect on the date it is signed by the last of Male or Female.
5.   Support
(a)   Male and Female each agree to be responsible at all times for his or her own support and not, to any degree, for the support of the other. They each acknowledge that this is a fair and equitable arrangement at present and in the future.
(b)   Male and Female agree not to make any claim against the other or the estate of the other for support under the Family Law Act, the Divorce Act, or the Succession Law Reform Act, or any similar legislation in any jurisdiction.
(c)   Male and Female each hereby remise, releases and forever discharge the other, his or her heirs, executors and administrators of and from:
(i)   all obligations to provide support to the other pursuant to the Family Law Act, the Divorce Act, the Succession Law Reform Act, or any similar legislation in any jurisdiction; and
(ii)   all rights or causes of action to claim or obtain support from the other pursuant to the Family Law Act, the Divorce Act, the Succession Law Reform Act, or any similar legislation in any jurisdiction.
(d)   Male and Female realize that his or her financial circumstances may change by reason of health, cost of living, employment or otherwise, or by the vicissitudes of life, but no such change, whether it be catastrophic, radical or otherwise, will give either party the right to claim support or maintenance from the other.
6.   Regime of Separate Property
(a)   All property now held in the name of either Male or Female will forever be free of any claim by the other.
(b)   All future acquired property, which is not held in both their names, will belong exclusively to the one in whose name the property is held and be deemed to be owned by such party.
(c)   Any property now held in the names of both Male and Female or acquired in the future in the names of both Male and Female shall be deemed to be owned equally by Male and Female.
7.   Deemed Ownership
Subject to an appropriate instrument in writing, the rule of law imposing a presumption of resulting trust shall not apply in questions of ownership of property between the parties, and
(a)   property transferred from one party to the other party shall be deemed to be owned by the party to whom the property is transferred;
(b)   property held in the name of one party shall be deemed to be owned by that party;
(c)   property held in the name of both parties as joint tenants shall be deemed to be owned by both parties as joint tenants.
8.   The Trust
 hereby specifically releases any claim or interest which she may now have or otherwise may acquire in the future, by any means whatsoever, in the Trust. Any contribution by  of money or monies worth to the Trust or any of its assets, will be made on a wholly voluntary basis by her and will not give rise to any claim.
9.   No Net Family Property
Under no circumstances will any property owned by either party, or by them together, be included in the Net Family Property of either party.
10.   Matrimonial Home
(a)   Male and Female acknowledge that  is the sole owner of the Matrimonial Home, and that  has made no contribution to its acquisition, repair or maintenance.
(b)    will be responsible for all costs associated with the care and upkeep of the Matrimonial Home, and if  is called upon by a third party to pay for any such obligations,  is entitled to full reimbursement from .
(c)   Subject to the terms of paragraph 11 of this Agreement:
(i)   no contribution by  or rule or law or statutory provision, including any by way of resulting, constructive or implied trust, or any other matter or circumstance will give  any right or interest in the Matrimonial Home;
(ii)   the Matrimonial Home will be the residence of Male and Female until either  leaves of  volition or  requests  to leave. If  so requires,  will leave within thirty (30) days of such request at  own expense;
(iii)   if  predeceases ,  shall have the option, at any time during the year subsequent to s death, to purchase the Matrimonial Home from the Administrator or Executor of the Estate of , at the Fair Market Value of the Matrimonial Home at s death, which amount shall be paid to s Administrator or Executor within one year of s death or to remain in exclusive possession of the Matrimonial Home for a period of up to one year from s death and s Estate shall be responsible for the payment of all expenses in connection with the Matrimonial Home during such period of exclusive possession.
11.   Division of Matrimonial Home upon Marriage
If Male and Female shall marry and there is a Breakdown of the Marriage, the following provisions shall govern their rights and obligations concerning the Matrimonial Home:
(a)   s interest in the Matrimonial Home shall be calculated by multiplying the number of years the parties have Cohabited after the date of their marriage times an amount equal to 5% of the Fair Market Value of the Matrimonial Home at the date of the Breakdown of the Marriage. s interest in the Matrimonial Home, however, shall never be more than 50% of the Fair Market Value of the Matrimonial Home. An example of this calculation is set out in Schedule "B" to this agreement. It is intended that unless the parties otherwise agree, the Matrimonial Home shall be free and clear of encumbrances. If there are any encumbrances against the Matrimonial Home at the time of the Breakdown of the Marriage, then such encumbrances shall be deducted from the amount of the Fair Market Value of the Matrimonial Home for the purposes of calculating 's interest as set out herein. The amount of s interest in the Matrimonial Home shall be paid by  to  upon the later of the date that  interest is calculated or when she leaves the Matrimonial Home.
(b)   If the parties shall marry, nothing in this Agreement restricts or modifies the rights of either party with respect to the possession, disposition or encumbrance of the Matrimonial Home under the Family Law Act but each of the parties intends that if there is a Breakdown of the Marriage,  will give  vacant possession of the Matrimonial Home as of the date of the Breakdown although  is not and cannot be bound by this Agreement to do so.
12.   Estate of
Male and Female acknowledge that [Name of Beneficiary of Male/Female's Estate] is the beneficiary of the Estate of  ("Estate of ").  hereby releases any interest or claim that  might have to an interest in the Estate of  or [Name of Beneficiary of Male/Female's Estate]s interest in the Estate of .
13.   Gifts to Each Other
(a)   If before or after this Agreement, either Male or Female purchases property and takes title in the name of the other, it will be presumed to be an irrevocable gift to the other.
(b)   Nothing in this Agreement prevents either Male or Female from giving, devising or bequesting any property to the other as long as the gift, devise or bequest is witnessed in writing.
14.   On Marriage to Each Other
The provisions of this Agreement will continue in force if the parties marry each other or having married, Separate or are divorced from each other.
15.   Furniture
Male and Female acknowledge they each owned furniture which they brought into their relationship. If the parties shall Separate, Male shall be entitled to all furniture which he brought into their relationship and Female shall similarly be entitled to all furniture which she brought into their relationship. Any furniture which has been purchased since the date that they began Cohabitation will be divided equally between them. Attached as Schedule "C" to this Agreement is a full list of all furniture that Male owned at the date the parties commenced Cohabitation. Attached as Schedule "D" is a full list of all furniture that Female owned at the date the parties commenced Cohabitation.
16.   Release of Rights in each Other's Estate
Subject to any right given by the other in his or her Will, Male and Female each release and discharge all rights that he or she has or may have under the laws of any jurisdiction in the Estate of the other, and in particular:
(a)   Under the Succession Law Reform Act, and the Family Law Act;
(i)   to share in the Estate of the other upon the other dying intestate; or
(ii)   payment as a dependent from the Estate of the other, and
(b)   Under the Trustee Act to act as executor or administrator of the Will or the Estate of the other.
17.   Release of Rights
Except as otherwise provided in this Agreement, Male and Female each release all rights to and interests in property owned by the other, which rights or interests he or she may have now, or in the future may acquire, and more particularly each releases all,
(a)   rights and interests respecting ownership, division of, possession of or equalization of property or net family properties;
(b)   rights and interests arising out of any part of the Family Law Act;
(c)   claims to compensation or a share in property because of any contribution to the property of the other, and
(d)   any other right or interest resulting from their relationship as Cohabiting or common-law or legal spouses, as these are defined in law.
(e)   any payment from one party to the other; and
(f)   the giving of any security against the property of the other;
(g)   any share of profits in or transfer or issuing of shares of a business of the other;
(h)   a share of any property or the value of any property owned by the other.
18.   Applicable Law and Interpretation
(a)   This Agreement is governed by and is to be construed and enforced in accordance with the internal laws of the Province of Ontario as those laws apply to contracts made in Ontario to be wholly performed in Ontario by persons resident in Ontario. This Agreement is valid and enforceable in the Province of Ontario and such other places as the parties may reside from time to time.
(b)   If any provision of any statute of any jurisdiction invalidates or renders void this Agreement, or any amendments to it, as a domestic contract, it is the intention of the parties that each provision of this Agreement or any amendments to it be construed as a separate contract under ordinary contract law and enforceable as such.
(c)   The invalidity or enforceability of any provision of this Agreement will not affect the validity or enforceability of any other term, but the agreement will be construed as if such invalid term were omitted.
(d)   The parties agree that there are no representations, warranties, collateral agreements or conditions affecting this Agreement other than expressed in this Agreement.
(e)   The terms of this Agreement are for the benefit of and are binding on the parties and their respective heirs, executors, administrators and assigns.
(f)   The titles in this Agreement are for convenience only and shall not be construed to affect the meanings of the paragraph so titled.
19.   Amendments
The parties may amend any of the provisions of this Agreement either by separate written instrument or by endorsing the amendment on this Agreement, which amendment, in either form, must be signed by both parties and witnessed.
20.   Execution of Other Documents
The parties will execute any document or documents reasonably required from time to time to give effect to the provisions and intent of this Agreement.
21.   Domestic Contract
Each of the parties acknowledge that this Agreement is entered into under section 53 of the Family Law Act and is a domestic contract which prevails over matters provided for in the Family Law Act.
22.   Financial Disclosure
Each party:
(a)   has fully and completely disclosed to the other the nature, extent and probable value of all his or her significant assets and all his or her significant debts or other liabilities existing at the date of this Agreement as set out in Schedules "E" and "F", and in addition to this disclosure.
(b)   has given all information and particulars about his or her assets and liabilities that have been requested by the other;
(c)   is satisfied with the information and particulars received from the other, and
(d)   acknowledges that there are no requests for further information or particulars that have not been met to his or her complete satisfaction.
23.   Independent Legal Advice
The parties acknowledge that each of them:
(a)   has had independent legal advice;
(b)   understands his or her rights and obligations under this Agreement;
(c)   is signing this Agreement voluntarily; and
(d)   are satisfied that the provisions of this Agreement are equitable in all the circumstances.
TO EVIDENCE THEIR AGREEMENT, each of the parties has signed this contract under seal before a witness.
SIGNED, SEALED AND DELIVERED
 
 
 
Witness as to the Signature of Male
 
Male
 
 
 
 
 
Witness as to the Signature of Female
 
Female
 
Schedule "A"Legal Description of Matrimonial Home
 
 
Schedule “BExample of Calculation of  interest in Matrimonial Home
 
 
 
Schedule “CList of Males Furniture at Commencement of Cohabitation
 
 
 
Schedule “DList of Females Furniture at Commencement of Cohabitation
 
 
Schedule “EList of Males Significant Assets, Debts and Liabilities
 
Assets:
 
 
 
 
Debts and Liabilities:
 
Schedule “FList of Females Significant Assets, Debts and Liabilities
 
Assets:
 
 
 
 
Debts and Liabilities:
Certificate of Independent Legal Advice
 
I, [Name of Male's Lawyer], of the City of [City of Lawyer], in the Province of Ontario, Barrister and Solicitor, do hereby certify that I was consulted in my professional capacity by [Male's Name] named in the annexed Domestic Contract, dated [Date of Domestic Contract], as to his obligations and rights under the said Contract, that I acted solely for him and explained fully to him the nature and effect of the said Contract and he did this day acknowledge and declare that he fully understood the nature and effect thereof and did execute the said document in my presence and did acknowledge and declare and it appeared to me that he was executing the said document of his own volition and without fear, threats, compulsion or influence by [Female's Name] or any other person.
 
DATED [Date of Signature].
 
 
 
 
 
 
 
[MALE'S LAWYER'S NAME]      
 
 
Certificate of Independent Legal Advice
 
I, [Name of Female's Lawyer], of the City of [City of Lawyer], in the Province of Ontario, Barrister and Solicitor, do hereby certify that I was consulted in my professional capacity by [Female's Name] named in the annexed Domestic Contract, dated [Date of Domestic Contract], as to her obligations and rights under the said Contract, that I acted solely for her and explained fully to her the nature and effect of the said Contract and she did this day acknowledge and declare that she fully understood the nature and effect thereof and did execute the said document in my presence and did acknowledge and declare and it appeared to me that she was executing the said document of her own volition and without fear, threats, compulsion or influence by [Male's Name] or any other person.
 
DATED [Date of Signature].
 
 
 
 
 
 
 
[FEMALE'S LAWYER'S NAME]      
 
Number of Pages20
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#32633
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
Cohabitation Agreement
THIS AGREEMENT made on [Date of Cohabitation Agreement]
B E T W E E N:
[NAME OF MALE]
(“Male”)
- and -
[NAME OF FEMALE]
(“Female”)
 
1.   Definitions
In this Agreement:
(a)   "Breakdown of the Marriage" or "Breakdown" means the earliest of the following events:
(i)   the Separation of the parties with no reasonable prospect that they will resume Cohabitation;
(ii)   the Separation of the parties after their marriage with no reasonable prospect that they will resume Cohabitation;
(iii)   the dissolution of the marriage of the parties;
(iv)   the annulment of the marriage of the parties; or
(v)   the death of one of the parties.
(b)   "Cohabit" means to live together in a conjugal relationship;
(c)   "Divorce Act" means the Divorce Act, 1985 (Canada), as amended from time to time and any successor statute or Act;
(d)   "Fair Market Value" means, for the purpose of paragraphs 10 and 11 of this Agreement, the amount determined by averaging two appraisals conducted by qualified independent appraisers to be mutually agreed upon by Male and Female or their respective administrators or executors;
(e)   "Family Law Act" means the Family Law Act (Ontario), as amended from time to time and any successor statute or Act;
(f)   "Matrimonial Home" means the property located at [Address of Matrimonial Home], and any property or properties purchased by Male and Female in substitution for such property and used by both of them as their common residence. A legal description of this property is marked as Schedule "A" to this agreement.
(g)   "Net Family Property" means net family property as that term is defined in the Family Law Act.
(h)   "Property" means any interest, present or future, vested or contingent, in real or personal property.
(i)   "Separate" means to cease to cohabit with no reasonable prospect of resuming Cohabitation.
(j)   "Succession Law Reform Act" means the Succession Law Reform Act (Ontario), as amended from time to time and any successor statute or Act.
(k)   "Support" means and includes interim interim support, interim support, final support, interim interim maintenance, interim maintenance, final maintenance, interim interim alimony, interim alimony and final alimony, or any other term of similar or like meaning.
(l)   "Surrogate Court Act" means the Surrogate Court Act (Ontario), as amended from time to time and any successor statute or Act.
(m)   "Trust" means the [Name any Family Trust to which either Male of Female are Beneficiaries] Family Trust between [Name of Trust Settlor] as Settlor and the present Trustee, [Name of Trustee of Trust] and includes income produced by it or any of its assets to which  has any interest or entitlement, now or in the future. Without restricting the generality of the foregoing, the assets of the trust include property and corporate interests and all the assets of such corporate interests including related and subsidiary corporations, and partnerships and sole proprietorships and any other business entities and shall, for the purposes of this Agreement, include any property purchased by  with any funds or property received from the trust by ?.
(n)   "Trustee Act" means the Trustee Act (Ontario) as amended from time to time and any successor statute or Act.
(o)   "Valuation Date" means valuation date as that term is defined in the Family Law Act.
2.   Background
(a)   Male and Female have been Cohabiting since [Date of Commencement of Co-Habitation] and plan to continue to do so indefinitely.
(b)   Male is presently married. Female is not married.
(c)   Male and Female intend by this Agreement to override any rights or obligations relating to support or property imposed on either or both of the parties by:
(i)   any legislation including the Family Law Act, the Divorce Act, the Succession Law Reform Act, the Trustee Act, or the Surrogate Court Act; and
(ii)   in a constructive, implied or resulting trust, or any other doctrine in law or equity in any jurisdiction.
(d)   Except as specifically provided by this Agreement, and regardless of whether they later marry, Male and Female wish to affirm that none of the property of either party will be divided between them except according to ownership.
(e)   If Male and Female shall marry, and there is a Breakdown of the Marriage, they wish to make specific provision for the division of any increase in value of the Matrimonial Home between the date of such marriage and the date of the Breakdown of the Marriage.
3.   Agreement
Male and Female agree to be bound by the provisions of this Agreement.
4.   Effective Date of Agreement
This Agreement will take effect on the date it is signed by the last of Male or Female.
5.   Support
(a)   Male and Female each agree to be responsible at all times for his or her own support and not, to any degree, for the support of the other. They each acknowledge that this is a fair and equitable arrangement at present and in the future.
(b)   Male and Female agree not to make any claim against the other or the estate of the other for support under the Family Law Act, the Divorce Act, or the Succession Law Reform Act, or any similar legislation in any jurisdiction.
(c)   Male and Female each hereby remise, releases and forever discharge the other, his or her heirs, executors and administrators of and from:
(i)   all obligations to provide support to the other pursuant to the Family Law Act, the Divorce Act, the Succession Law Reform Act, or any similar legislation in any jurisdiction; and
(ii)   all rights or causes of action to claim or obtain support from the other pursuant to the Family Law Act, the Divorce Act, the Succession Law Reform Act, or any similar legislation in any jurisdiction.
(d)   Male and Female realize that his or her financial circumstances may change by reason of health, cost of living, employment or otherwise, or by the vicissitudes of life, but no such change, whether it be catastrophic, radical or otherwise, will give either party the right to claim support or maintenance from the other.
6.   Regime of Separate Property
(a)   All property now held in the name of either Male or Female will forever be free of any claim by the other.
(b)   All future acquired property, which is not held in both their names, will belong exclusively to the one in whose name the property is held and be deemed to be owned by such party.
(c)   Any property now held in the names of both Male and Female or acquired in the future in the names of both Male and Female shall be deemed to be owned equally by Male and Female.
7.   Deemed Ownership
Subject to an appropriate instrument in writing, the rule of law imposing a presumption of resulting trust shall not apply in questions of ownership of property between the parties, and
(a)   property transferred from one party to the other party shall be deemed to be owned by the party to whom the property is transferred;
(b)   property held in the name of one party shall be deemed to be owned by that party;
(c)   property held in the name of both parties as joint tenants shall be deemed to be owned by both parties as joint tenants.
8.   The Trust
 hereby specifically releases any claim or interest which she may now have or otherwise may acquire in the future, by any means whatsoever, in the Trust. Any contribution by  of money or monies worth to the Trust or any of its assets, will be made on a wholly voluntary basis by her and will not give rise to any claim.
9.   No Net Family Property
Under no circumstances will any property owned by either party, or by them together, be included in the Net Family Property of either party.
10.   Matrimonial Home
(a)   Male and Female acknowledge that  is the sole owner of the Matrimonial Home, and that  has made no contribution to its acquisition, repair or maintenance.
(b)    will be responsible for all costs associated with the care and upkeep of the Matrimonial Home, and if  is called upon by a third party to pay for any such obligations,  is entitled to full reimbursement from .
(c)   Subject to the terms of paragraph 11 of this Agreement:
(i)   no contribution by  or rule or law or statutory provision, including any by way of resulting, constructive or implied trust, or any other matter or circumstance will give  any right or interest in the Matrimonial Home;
(ii)   the Matrimonial Home will be the residence of Male and Female until either  leaves of  volition or  requests  to leave. If  so requires,  will leave within thirty (30) days of such request at  own expense;
(iii)   if  predeceases ,  shall have the option, at any time during the year subsequent to s death, to purchase the Matrimonial Home from the Administrator or Executor of the Estate of , at the Fair Market Value of the Matrimonial Home at s death, which amount shall be paid to s Administrator or Executor within one year of s death or to remain in exclusive possession of the Matrimonial Home for a period of up to one year from s death and s Estate shall be responsible for the payment of all expenses in connection with the Matrimonial Home during such period of exclusive possession.
11.   Division of Matrimonial Home upon Marriage
If Male and Female shall marry and there is a Breakdown of the Marriage, the following provisions shall govern their rights and obligations concerning the Matrimonial Home:
(a)   s interest in the Matrimonial Home shall be calculated by multiplying the number of years the parties have Cohabited after the date of their marriage times an amount equal to 5% of the Fair Market Value of the Matrimonial Home at the date of the Breakdown of the Marriage. s interest in the Matrimonial Home, however, shall never be more than 50% of the Fair Market Value of the Matrimonial Home. An example of this calculation is set out in Schedule "B" to this agreement. It is intended that unless the parties otherwise agree, the Matrimonial Home shall be free and clear of encumbrances. If there are any encumbrances against the Matrimonial Home at the time of the Breakdown of the Marriage, then such encumbrances shall be deducted from the amount of the Fair Market Value of the Matrimonial Home for the purposes of calculating 's interest as set out herein. The amount of s interest in the Matrimonial Home shall be paid by  to  upon the later of the date that  interest is calculated or when she leaves the Matrimonial Home.
(b)   If the parties shall marry, nothing in this Agreement restricts or modifies the rights of either party with respect to the possession, disposition or encumbrance of the Matrimonial Home under the Family Law Act but each of the parties intends that if there is a Breakdown of the Marriage,  will give  vacant possession of the Matrimonial Home as of the date of the Breakdown although  is not and cannot be bound by this Agreement to do so.
12.   Estate of
Male and Female acknowledge that [Name of Beneficiary of Male/Female's Estate] is the beneficiary of the Estate of  ("Estate of ").  hereby releases any interest or claim that  might have to an interest in the Estate of  or [Name of Beneficiary of Male/Female's Estate]s interest in the Estate of .
13.   Gifts to Each Other
(a)   If before or after this Agreement, either Male or Female purchases property and takes title in the name of the other, it will be presumed to be an irrevocable gift to the other.
(b)   Nothing in this Agreement prevents either Male or Female from giving, devising or bequesting any property to the other as long as the gift, devise or bequest is witnessed in writing.
14.   On Marriage to Each Other
The provisions of this Agreement will continue in force if the parties marry each other or having married, Separate or are divorced from each other.
15.   Furniture
Male and Female acknowledge they each owned furniture which they brought into their relationship. If the parties shall Separate, Male shall be entitled to all furniture which he brought into their relationship and Female shall similarly be entitled to all furniture which she brought into their relationship. Any furniture which has been purchased since the date that they began Cohabitation will be divided equally between them. Attached as Schedule "C" to this Agreement is a full list of all furniture that Male owned at the date the parties commenced Cohabitation. Attached as Schedule "D" is a full list of all furniture that Female owned at the date the parties commenced Cohabitation.
16.   Release of Rights in each Other's Estate
Subject to any right given by the other in his or her Will, Male and Female each release and discharge all rights that he or she has or may have under the laws of any jurisdiction in the Estate of the other, and in particular:
(a)   Under the Succession Law Reform Act, and the Family Law Act;
(i)   to share in the Estate of the other upon the other dying intestate; or
(ii)   payment as a dependent from the Estate of the other, and
(b)   Under the Trustee Act to act as executor or administrator of the Will or the Estate of the other.
17.   Release of Rights
Except as otherwise provided in this Agreement, Male and Female each release all rights to and interests in property owned by the other, which rights or interests he or she may have now, or in the future may acquire, and more particularly each releases all,
(a)   rights and interests respecting ownership, division of, possession of or equalization of property or net family properties;
(b)   rights and interests arising out of any part of the Family Law Act;
(c)   claims to compensation or a share in property because of any contribution to the property of the other, and
(d)   any other right or interest resulting from their relationship as Cohabiting or common-law or legal spouses, as these are defined in law.
(e)   any payment from one party to the other; and
(f)   the giving of any security against the property of the other;
(g)   any share of profits in or transfer or issuing of shares of a business of the other;
(h)   a share of any property or the value of any property owned by the other.
18.   Applicable Law and Interpretation
(a)   This Agreement is governed by and is to be construed and enforced in accordance with the internal laws of the Province of Ontario as those laws apply to contracts made in Ontario to be wholly performed in Ontario by persons resident in Ontario. This Agreement is valid and enforceable in the Province of Ontario and such other places as the parties may reside from time to time.
(b)   If any provision of any statute of any jurisdiction invalidates or renders void this Agreement, or any amendments to it, as a domestic contract, it is the intention of the parties that each provision of this Agreement or any amendments to it be construed as a separate contract under ordinary contract law and enforceable as such.
(c)   The invalidity or enforceability of any provision of this Agreement will not affect the validity or enforceability of any other term, but the agreement will be construed as if such invalid term were omitted.
(d)   The parties agree that there are no representations, warranties, collateral agreements or conditions affecting this Agreement other than expressed in this Agreement.
(e)   The terms of this Agreement are for the benefit of and are binding on the parties and their respective heirs, executors, administrators and assigns.
(f)   The titles in this Agreement are for convenience only and shall not be construed to affect the meanings of the paragraph so titled.
19.   Amendments
The parties may amend any of the provisions of this Agreement either by separate written instrument or by endorsing the amendment on this Agreement, which amendment, in either form, must be signed by both parties and witnessed.
20.   Execution of Other Documents
The parties will execute any document or documents reasonably required from time to time to give effect to the provisions and intent of this Agreement.
21.   Domestic Contract
Each of the parties acknowledge that this Agreement is entered into under section 53 of the Family Law Act and is a domestic contract which prevails over matters provided for in the Family Law Act.
22.   Financial Disclosure
Each party:
(a)   has fully and completely disclosed to the other the nature, extent and probable value of all his or her significant assets and all his or her significant debts or other liabilities existing at the date of this Agreement as set out in Schedules "E" and "F", and in addition to this disclosure.
(b)   has given all information and particulars about his or her assets and liabilities that have been requested by the other;
(c)   is satisfied with the information and particulars received from the other, and
(d)   acknowledges that there are no requests for further information or particulars that have not been met to his or her complete satisfaction.
23.   Independent Legal Advice
The parties acknowledge that each of them:
(a)   has had independent legal advice;
(b)   understands his or her rights and obligations under this Agreement;
(c)   is signing this Agreement voluntarily; and
(d)   are satisfied that the provisions of this Agreement are equitable in all the circumstances.
TO EVIDENCE THEIR AGREEMENT, each of the parties has signed this contract under seal before a witness.
SIGNED, SEALED AND DELIVERED
 
 
 
Witness as to the Signature of Male
 
Male
 
 
 
 
 
Witness as to the Signature of Female
 
Female
 
Schedule "A"Legal Description of Matrimonial Home
 
 
Schedule “BExample of Calculation of  interest in Matrimonial Home
 
 
 
Schedule “CList of Males Furniture at Commencement of Cohabitation
 
 
 
Schedule “DList of Females Furniture at Commencement of Cohabitation
 
 
Schedule “EList of Males Significant Assets, Debts and Liabilities
 
Assets:
 
 
 
 
Debts and Liabilities:
 
Schedule “FList of Females Significant Assets, Debts and Liabilities
 
Assets:
 
 
 
 
Debts and Liabilities:
Certificate of Independent Legal Advice
 
I, [Name of Male's Lawyer], of the City of [City of Lawyer], in the Province of Ontario, Barrister and Solicitor, do hereby certify that I was consulted in my professional capacity by [Male's Name] named in the annexed Domestic Contract, dated [Date of Domestic Contract], as to his obligations and rights under the said Contract, that I acted solely for him and explained fully to him the nature and effect of the said Contract and he did this day acknowledge and declare that he fully understood the nature and effect thereof and did execute the said document in my presence and did acknowledge and declare and it appeared to me that he was executing the said document of his own volition and without fear, threats, compulsion or influence by [Female's Name] or any other person.
 
DATED [Date of Signature].
 
 
 
 
 
 
 
[MALE'S LAWYER'S NAME]      
 
 
Certificate of Independent Legal Advice
 
I, [Name of Female's Lawyer], of the City of [City of Lawyer], in the Province of Ontario, Barrister and Solicitor, do hereby certify that I was consulted in my professional capacity by [Female's Name] named in the annexed Domestic Contract, dated [Date of Domestic Contract], as to her obligations and rights under the said Contract, that I acted solely for her and explained fully to her the nature and effect of the said Contract and she did this day acknowledge and declare that she fully understood the nature and effect thereof and did execute the said document in my presence and did acknowledge and declare and it appeared to me that she was executing the said document of her own volition and without fear, threats, compulsion or influence by [Male's Name] or any other person.
 
DATED [Date of Signature].
 
 
 
 
 
 
 
[FEMALE'S LAWYER'S NAME]      
 

Looking for something else?