Why a Mediator Might Be Your Best Choice for a Cohabitation Agreement in Ontario
- Michelle Rakowski
- Oct 16
- 3 min read
Moving in together is a meaningful milestone. Whether you're blending homes after years of dating or starting fresh as committed partners, it's smart to think ahead. A cohabitation agreement in Ontario helps you clarify expectations, protect assets, and prevent misunderstandings down the road.
But here’s what often stops people in their tracks:
Legal fees.
Confusion about what needs to be included.
And the mistaken belief that it’s either DIY—or $7,000.
Thankfully, there’s a middle ground. If you’re looking for a clear, affordable, and respectful way to create a cohabitation agreement, mediation may be exactly what you need.
What Is a Cohabitation Agreement in Ontario And Why Does It Matter?
A cohabitation agreement is a legally binding document that outlines how a couple who is not married will handle financial matters, property ownership, debt, support, and other key decisions during the relationship and if it ends.
These agreements are recognized under Ontario’s Family Law Act, and they can make a huge difference if life takes an unexpected turn. But while the concept is straightforward, the execution needs to be done right. Online templates rarely cover all the necessary bases. DIY agreements often miss critical clauses or fail to comply with legal standards.
That’s where a mediator comes in.
How a Mediator Can Help You Create a Strong Cohabitation Agreement
Unlike a one-size-fits-all template, mediation is a collaborative process that allows both partners to be heard and understood. Here’s how it works:
The mediator facilitates a calm, structured conversation between both parties.
You’ll cover all necessary areas: finances, property, inheritance, children (if applicable), future plans, and what happens if the relationship ends.
The mediator drafts a cohabitation agreement that reflects your shared decisions—using proper legal language and structure.
You don’t need to hire two lawyers. In fact, many couples choose mediation specifically to avoid the high cost and adversarial tone that sometimes comes with the legal route.
A Real Story From My Mediation Practice
Just last week, I got a call from a couple who had already agreed on everything. They just wanted it written up into a proper cohabitation agreement. When they contacted a law office, they were told it would cost $3,500 per person, just to get started. That’s $7,000 upfront - and didn’t even include additional fees.
They weren’t in conflict. They didn’t want a court battle. They simply wanted a clear, respectful, and legally sound agreement.
That’s exactly what mediation offers. We were able to walk through the process together, address every clause that needed to be included, and come up with a document they both understood and felt confident signing...for a fraction of the cost.
Do You Need a Lawyer to Make a Cohabitation Agreement Legal?
Short answer: no - not to create it.
In Ontario, to make a cohabitation agreement legally binding, it must:
Be in writing
Be signed by both parties
Be witnessed at the time of signing
Some couples choose to have it notarized, though that’s not legally required. Others prefer to get independent legal advice after mediation, just to review what’s been written. That’s optional, but it can offer peace of mind.
What’s Included in a Good Cohabitation Agreement?
Every couple is different, but these are common areas we’ll address during the mediation process:
Division of property
Shared or separate debts
Support obligations (if any)
Ownership of the home
Household expenses
Gifts or inheritances
What happens if the relationship ends or one partner dies
It’s not just about protecting yourself—it’s about honouring the relationship by planning wisely.
Why Mediation Is Often the Better Path
More Affordable: No need to spend $7,000 in legal fees
Collaborative: Encourages mutual respect, not legal opposition
Flexible & Efficient: Usually completed in a few meetings
Empowering: Both parties understand and agree on what’s being signed
Private: Mediation is confidential
And for many couples, the biggest benefit is that it sets a positive tone for the relationship. It’s not about anticipating failure—it’s about building trust and clarity.
External Resources:
Next Steps: Let’s Talk About Your Agreement
If you’re considering a cohabitation agreement in Ontario, let’s make it simple. As a trained family mediator, I can guide you through every step - without the legalese or the hefty price tag.
You can book a free discovery call to see if mediation is right for you.
Let’s take the next step together - with clarity, care, and confidence.
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