Practice areas · Cohabitation agreements
Living together counts more than you think.
In Saskatchewan, common-law partners can have many of the same property rights as married spouses. A cohabitation agreement lets you decide the terms yourselves.
Where you are
You don’t have to be married for property to be at stake.
Many couples are surprised to learn that in Saskatchewan, partners who live together in a spousal relationship for long enough can be treated much like married spouses when it comes to dividing property if they separate. You cannot sign a prenuptial agreement without a wedding – but you can sign a cohabitation agreement.
It works on the same principle as a prenup: it sets out how your assets and debts would be handled if the relationship ended, so the default rules don’t decide it for you. From our Saskatoon office, we help common-law couples put fair, clear terms in place.
Book a consultationWhat it covers
Decide it now, on your terms
A cohabitation agreement addresses how you would divide what you have if you ever separated – and, like other agreements, leaves out the things the law decides separately.
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Assets and the home
How you would split assets including the home, retirement and investment accounts, vacation properties, vehicles, and insurance policies – and which property each of you keeps as your own.
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Debts
How debts would be handled, so neither partner is left carrying obligations that were never really theirs.
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What the agreement can’t decide
As with a prenup, child support and parenting arrangements are determined separately based on the child’s best interests, not fixed in advance by the agreement.
You can record your intentions about how you’ll raise your children, but you cannot bargain away a child’s right to support or settle parenting time in this document.
What keeps it enforceable
The same safeguards as any agreement
A cohabitation agreement is only worth signing if it will hold up. The conditions mirror those for prenups and postnups.
Full disclosure
Both partners must honestly disclose their assets and debts. Hidden finances put the whole agreement at risk.
No pressure
Each partner must enter into it freely, with enough time to consider the terms – not under pressure or on short notice.
Independent legal advice
Each of you should have your own lawyer. Separate advice is one of the strongest protections an agreement can have.
Fair terms
Terms that are clearly one-sided are the most likely to be challenged and set aside later.
Common questions
Things people ask before they call
What is a cohabitation agreement?
It’s a written contract for couples who live together without marrying. Like a prenup, it sets out how you would divide assets and handle debts if the relationship ended, so the default property rules don’t decide everything for you.
Do common-law partners really have property rights in Saskatchewan?
Often, yes. Saskatchewan’s family property law can treat partners who have lived together in a spousal relationship for a qualifying period much like married spouses for the purpose of dividing property. That’s exactly why many common-law couples choose to set their own terms in an agreement. We can explain how the rules apply to your situation.
How is it different from a prenup?
The substance is very similar – the difference is that a prenup is for couples who are marrying, while a cohabitation agreement is for couples who live together without marrying. If you later decide to marry, we can review whether the agreement should be updated.
What makes a cohabitation agreement hold up?
Full and honest financial disclosure, no pressure on either partner, independent legal advice for each of you, and terms that are reasonably fair. These are the same safeguards that protect prenuptial and postnuptial agreements.
Can it deal with our children?
Not the legal essentials. Child support and parenting arrangements are decided separately, in the child’s best interests, and cannot be fixed in advance by the agreement. You can record your shared intentions, but a court won’t let the document override a child’s rights.
Already separating from a common-law partner? A separation agreement is the next step.
Take the first step
Protect what’s yours before the question comes up.
You don’t need to know how the property rules apply to you before you call. Tell us about your relationship and what you each brought into it, and we’ll help you understand whether a cohabitation agreement makes sense.
Or tell us your story: admin@commonsenselawyer.com
Saskatoon office, Mon–Fri 9–5. Evenings & weekends by appointment.