Do common-law couples have the same rights as married couples in Ontario?

No — and this surprises many people. Common-law partners in Ontario are not entitled to the automatic property sharing (equalization) that married spouses get. Generally, each keeps what's in their own name, which is exactly why a cohabitation agreement is so valuable.

What is a cohabitation agreement?

It's a domestic contract under Ontario's Family Law Act for couples who live together or plan to, and aren't married. It sets out how property, debts, and support will be handled, so you're not left relying on the law's limited default protections for common-law partners.

When should we get a cohabitation agreement?

Ideally before or around the time you move in together, or when your finances become intertwined — for example, when one of you moves into the other's home. It's also worth doing if you've been together for years without one; it's rarely too late to add clarity.

What can a cohabitation agreement cover?

Mainly property, debts, and support — how things will be divided if you separate, and whether either partner will pay or receive support. It can protect a home, savings, or a business. It can't decide parenting or a child's right to support.

What happens to our agreement if we get married?

Good news: a cohabitation agreement generally carries forward as a marriage contract if you later marry. The protection you put in place doesn't vanish — though it's still wise to review it when your circumstances change.

Do we each need our own lawyer?

Yes, ideally. Independent legal advice — each of you having your own lawyer — is one of the most important things that makes the agreement hold up, and it protects both of you.

Can a cohabitation agreement be changed later?

Yes. You can update or replace it by agreement as your circumstances change — for example, if you buy a home together or your finances shift. We can help you amend an existing agreement or draft a new one.

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Family Law & Real Estate Lawyers Serving Windsor-Essex and Ontario

Whether you're navigating a separation, resolving a parenting dispute, or buying or selling a home, Willing Law provides clear legal advice, strategic representation, and practical solutions to help you move forward with confidence.

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People First. Law Done Right.

Legal issues can feel overwhelming, but you don't have to face them alone. At Willing Law, we combine compassionate support with strong legal advocacy to help individuals and families through life's biggest transitions. Every case receives personal attention, practical guidance, and a clear strategy from start to finish.

Family Law & Real Estate Focused

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Serving Windsor-Essex & Ontario

About Willing Law

Why Ontario Families Choose Willing Law

There are many family lawyers in Ontario. Here's what makes working with us different:

We answer.

Responsive communication is the complaint people have about lawyers most often. We make it a priority to keep you informed and return your calls and emails.

We know Ontario.

From Windsor and Essex County to Chatham, Sarnia, we know the local courts and how family law actually works on the ground here.

We treat you like a person.

You are not a file number. You're someone going through one of the hardest seasons of your life, and we treat you that way.

We give practical advice, not just legal advice.

We tell you what we'd do if we were in your shoes — the real-world strategy, not just the textbook answer.

We settle smart and fight when it counts.

We resolve most matters out of court to save you money and stress. But when someone won't be reasonable, we're ready to advocate hard for you.

Our billing is transparent.

You'll understand how you're charged before we begin. No games, no surprises.

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How We Help: A Clear Plan From Day One

Our job is to take the chaos and turn it into a plan you understand. We explain the law in plain English, tell you honestly where you stand, and build a strategy around what matters most to you.

We help Ontario families with the full range of family law matters, including:

Separation & Divorce. Guiding you through the process under Ontario's Family Law Act and the federal Divorce Act, from your first steps to a final order.

Parenting Time & Decision-Making Responsibility. Building parenting arrangements that put your children first. (These are Ontario's current terms for what used to be called custody and access.)

Child Support. Calculating the right amount under the Child Support Guidelines — whether you'll pay or receive it.

Spousal Support. Advising on whether support is owed, how much, and for how long, using the Spousal Support Advisory Guidelines.

Property Division & Equalization. Sorting out the home, savings, pensions, and debts, including equalization of net family property for married spouses.

Separation Agreements & Marriage Contracts. Drafting clear, enforceable agreements — including cohabitation and prenuptial agreements — that hold up over time.

Mediation & Negotiation. Settling matters respectfully and out of court whenever it's in your interest to do so.

High-Conflict & Court Matters. Standing firmly in your corner in the Ontario Superior Court of Justice when a fair resolution can't be reached any other way.

Our promise: You will always know what's happening with your file, what the next step is, and why. No disappearing lawyer. No surprise bills. No jargon you have to decode on your own.

Our Simple 4-Step Process

We've made getting help straightforward, even when everything else feels complicated.

STEP 1

Book Your Free 15 Minute Call

Reach out by phone or our online form. We'll listen to your situation and explain how we can help — no pressure, no obligation.

STEP 2

Develop Your Strategy

We map out your options, explain your rights, and build a clear plan around the outcome you want and the budget you have.

STEP 3

Take Action

We get to work — negotiating, drafting, or advocating for you — and keep you informed at every stage.

STEP 4

Move Forward

We help you reach a resolution so you can close this chapter and start building the next one with confidence.

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Frequently Asked Questions

Honest answers to the questions Ontario families ask us most. (This is general information, not legal advice for your specific situation.)

Your Next Financial Decision Starts With the Right Conversation

Whether you're planning ahead, facing financial challenges, or seeking expert advice, we're here to help you make informed decisions with confidence.

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