The myth
“We’ve lived together for years, so if we split up I’d automatically get half of everything.”
Cohabitation &
prenuptial agreements in Ontario
Designed by lawyers. Made by you. Build a clear, fair agreement that reflects Ontario law and protects the future you’re building together.
- Tailored to Ontario law
- Written by lawyers, not AI
Written and reviewed by practicing lawyers.
Written and reviewed by Amanda Baron & Aimee Schalles, practising Canadian lawyers.
Last reviewed July 2026
The Ontario reality
Living together does not make you “basically married”
Many couples are surprised by how Ontario actually treats common-law partners. An agreement is how you create the protections the law won’t give you automatically.
The Ontario fact
In Ontario, common-law partners do not automatically share property the way married spouses do, no matter how long you’ve lived together.
Whoever holds title or owns the asset typically keeps it on separation. A cohabitation agreement is how partners can write their own approach instead.
Made for your life
What your Ontario agreement can cover
Jointly guides you through the decisions that matter, with plain-language prompts and lawyer-designed options.
- How property and debts are divided if you separate
- Spousal support, including whether it applies at all
- The family home, and who keeps or shares it
- Businesses, pensions, investments, and inheritances
- Gifts from family, and keeping them separate
- Even your pets
Which agreement is right for you?
Three paths, one calm process
Prenuptial
Ontario prenuptial agreements
Create a fair, lawyer-designed prenup together before marriage, so you both know where you stand.
Start for freeCohabitation
Ontario cohabitation agreements
Protect your finances and property with a clear agreement built collaboratively, affordably, and online.
Start for freePostnuptial
Ontario postnuptial agreements
Set clear terms for property and finances after marriage, and support long-term trust and peace of mind.
Start for freeBuilt by lawyers
Authorized by the Law Society
of Ontario
Jointly is an authorized participant in the Law Society of Ontario’s Access to Innovation (A2I)1 program — a rigorous pilot that permits a small, vetted group of providers to deliver innovative legal services under conditions set and supervised by the Law Society to protect the public.
For Ontario couples, that means an independent legal regulator has examined how Jointly works and authorized it to operate.
About Access to Innovation
“The process is easy and straightforward. It let us discuss scenarios we’d never thought about before.”
Ontario questions
Frequently asked
Do I need a prenup or cohabitation agreement in Ontario?
If you live together without marrying, an agreement is the main way to set clear, enforceable terms about property and support, because Ontario does not automatically give common-law partners the same property rights as married spouses.
Are these agreements legally enforceable in Ontario?
Yes, when made properly. That generally means the agreement is in writing, signed and witnessed, with full financial disclosure and no pressure. Jointly is designed to guide you through these requirements.
Do we each need our own lawyer in Ontario?
Independent legal advice, where each partner reviews the agreement with their own lawyer, is strongly recommended in Ontario and strengthens enforceability.
How much does a prenup or cohabitation agreement cost in Ontario?
With Jointly, it’s free to start and $429 CAD to complete, compared with $3,000 or more for a fully lawyer-drafted agreement. Independent legal advice, if you choose it, is separate.
What’s the difference between prenuptial, postnuptial, and cohabitation agreements?
They cover the same ground at different stages. A prenuptial agreement is made before marriage, a postnuptial agreement after you’re married, and a cohabitation agreement for couples living together without marrying. Jointly helps with all three, tailored to your province.
Can I make an agreement even though I am already married?
Yes, you can make an agreement (commonly called a postnuptial agreement or a marriage contract) after you are married.
