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Moving in with your partner is a big step, and you might wonder: do cohabitation agreements need to be prepared by a lawyer?
Perhaps we can answer this question by this question: would you design your own house or have an architect design it for you?
Of course a professional applying their expertise to make sure you are safe and protected from any mistakes or flaws in the future is preferable. But yes, of course you can do it yourself as well.
The real questions is, how much are you willing to risk it given that fortunes are involved and agreements can easily be set aside due to lack of independent legal advice.
Our experienced family lawyers at YLaw specialize in cohabitation agreements and can help ensure your contract is fair, enforceable, and protects your future.
1. What Is a Cohabitation Agreement?
A cohabitation agreement is a legally binding contract between unmarried partners who live together in a marriage life relationship. It outlines how assets, debts, support and responsibilities will be handled during the relationship and if it ends.
This agreement typically covers:
- Division of Property and Debts – Who owns what, and how will assets be divided if you separate?
- Spousal Support Obligations – Will one partner be responsible for support payments?
- Financial Contributions – How will bills, rent, or mortgage payments be split?
- Rights to Shared Assets – What happens to jointly owned property, investments, or bank accounts?
Under BC’s Family Law Act, cohabitation agreements are legally enforceable—but only if they meet certain legal standards.
2. Can You Draft a Cohabitation Agreement Without a Lawyer?
Yes, you can technically create your own cohabitation agreement, but there are major risks involved.
For an agreement to be legally valid, it must:
- Be in writing
- Be signed voluntarily by both partners
- Include full financial disclosure from both parties
- Not be unconscionably unfair
However, courts can set aside an agreement if:
- One partner didn’t fully understand what they were signing
- There was pressure or coercion
- The agreement heavily favours one partner
- There was hidden financial information
If any of these apply, a judge may rule the agreement invalid, which could lead to unexpected financial obligations or legal battles.
3. Risks of a DIY Cohabitation Agreement
Couples often think drafting their own agreement will save money, but in reality, if it’s challenged in court, you could lose far more than what a lawyer would’ve cost.
Common Mistakes in DIY Agreements:
- Missing key legal protections – Courts may reject vague or incomplete agreements.
- Financial disclosure errors – Hiding assets or debts can make the agreement unenforceable.
- One-sided terms – If one partner is unfairly disadvantaged, the court may step in.
- Not considering future changes – An agreement that doesn’t account for children, job changes, or financial shifts may not hold up in court.
Without legal oversight, a DIY agreement could be legally worthless.
4. Why You Should Have a Lawyer Draft Your Cohabitation Agreement
A family lawyer helps make sure your agreement actually protects you and can’t be overturned in court. Here’s how:
- Ensure fairness – The agreement must be reasonable for both partners.
- Provide independent legal advice – So neither partner can claim they were misled.
- Ensure full financial disclosure – Preventing future legal challenges.
- Include future-proof clauses – Accounting for major life changes.
Most importantly, having a lawyer involved makes it significantly harder for the agreement to be overturned in court.
Check out our blog on Cohabitation and Marriage Agreements: Common Questions Answered for more insights.
5. What Happens If You Don’t Use a Lawyer?
If your agreement is poorly drafted, one partner can challenge it in court, leading to:
- Expensive legal disputes
- Unexpected financial obligations (e.g., spousal support)
- The court setting aside the entire agreement
Without proper legal advice, you could end up in a worse financial position than if you had no agreement at all.
A well-drafted agreement can save you from legal disputes, so if you’re asking, “Do cohabitation agreements need to be prepared by a lawyer?” The best answer is: It’s highly recommended. Our experienced family lawyers at YLaw can help ensure your agreement is fair, enforceable, and protects your future. Contact us today for a consultation.
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