Debunking myths about Cohabitation agreements
MYTH: “Cohabitation agreements are only for rich people”
Not at all! Cohabitation agreements aren’t just for protecting mansions and million-dollar bank accounts—they cover everyday assets, too.
Think about the things you and your partner might accumulate together:
- A car that one of you paid for but both use
- Shared furniture, appliances, or electronics
- A joint savings account for vacations or future expenses
- Even smaller personal items with sentimental value
Without a cohabitation agreement, these assets could be subject to legal disputes if you separate.
Cohabitation agreements aren’t just about big assets—they can cover things you might not even consider “property.”
For example, in Saskatchewan, pets are legally considered property. Without an agreement, your beloved dog or cat could become a point of dispute if you break up. A cohabitation agreement ensures that issues like pet custody are settled in advance.
Even if you don’t think you own much now, it’s important to consider how your financial and personal situation might change over time. A cohabitation agreement ensures you have a plan in place, no matter what happens.
MYTH: “A cohabitation agreement will disadvantage one of us”
Actually, the law won’t enforce an agreement that is one-sided or unfair. A properly drafted cohabitation agreement protects both partners and ensures fair treatment for both parties.
Courts generally require that both parties enter into the agreement voluntarily, with full financial disclosure and independent legal advice.
A well-drafted cohabitation agreement actually protects both partners by:
✅ Ensuring financial clarity – Clearly defining how assets, debts, and financial responsibilities are handled during the relationship and in the event of a breakup
✅ Providing flexibility – Agreements can be tailored to reflect your unique relationship dynamics and future goals
✅ Preventing legal disputes – If a relationship ends, a fair agreement reduces stress and costly legal battles
There are many ways to structure a cohabitation agreement fairly. Some couples choose to keep their finances entirely separate, while others establish a system for sharing expenses or dividing assets. A lawyer can help you craft an agreement that reflects both your needs and protects your legal rights.
MYTH: “Getting a cohabitation agreement means I’m expecting the relationship to fail”
This is one of the biggest misconceptions! Think of it like car insurance—you don’t plan to crash your car, but you still want protection just in case. A cohabitation agreement is about planning for the future, no matter what happens.
Being proactive about important legal and financial matters can actually strengthen your relationship. Here’s why:
✅ Encourages Open Communication – Talking about finances, responsibilities, and future plans builds trust and ensures both partners are on the same page. A strong relationship thrives on honest conversations, even about tough topics.
✅ Prevents Future Conflict – No one plans for a breakup, but life is unpredictable. A cohabitation agreement acts as a safety net, providing clear expectations so that if circumstances change, both partners are protected. Avoiding the conversation now can lead to stressful disputes later.
✅ Protects Both Partners – This isn’t about preparing for failure—it’s about ensuring fairness and security for both of you. Relationships evolve over time, and having an agreement in place helps manage transitions smoothly, whether it’s financial growth, major purchases, or changing family dynamics.
If discussing financial security makes your partner uncomfortable, it’s worth exploring why. A healthy relationship should be built on mutual respect and the ability to have open discussions about important topics—including financial and legal protections.
