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A SOLINVEST CLIENT EDUCATION GUIDE

Family Wealth and Relationship Agreements

Cohabitation and prenuptial agreements as instruments of clarity, not mistrust

A relationship agreement is one of the few planning tools that protects both partners at once. This guide explains how cohabitation and prenuptial agreements work in Canada, what they can and cannot do, and how to approach the conversation in a way that strengthens a relationship rather than straining it. It is written for individuals and families thinking ahead about how to hold shared and separate property with intention.

Prepared by

Coreen T. Sol, CFA

Senior Portfolio Manager · CIBC Private Wealth, Wood Gundy

As of June 23, 2026 · Educational reference · Not legal advice

A relationship agreement is rarely about anticipating failure. More often it replaces unspoken assumptions with a shared understanding that both partners have helped to shape. Reached early and without pressure, that understanding tends to make the financial side of a partnership calmer, not colder.

A well-considered agreement gives a couple:

• Clarity on what each partner brings into the relationship and how it should be treated over time
• A framework for property acquired together, and for property meant to remain separate
• Protection for children from prior relationships and for family or business assets intended to stay within a bloodline
• A clear reference point that reduces uncertainty if circumstances change

The right document depends on the shape of the relationship. The two most common instruments serve different moments, though their purpose is similar.

Cohabitation agreements

A cohabitation agreement is used by partners who live together without marrying. It sets out how property and debts will be treated during the relationship and if it ends, which matters because the default rules for unmarried partners differ markedly from those for married couples.

Prenuptial and marriage agreements

A prenuptial or marriage agreement is reached by partners who are marrying or already married. It commonly addresses how pre-marital wealth, the family home, business interests, and inheritances are treated if the marriage ends.

At a glance

Consideration	Cohabitation agreement	Marriage / prenuptial agreement
When it applies	Partners living together without marrying	Partners who are marrying or already married
Typical focus	Treatment of shared and separate property during and after cohabitation	Property, the family home, and support on marriage breakdown
Common reason to use it	Bringing unequal assets, prior children, or a home into the relationship	Protecting a business, inheritance, or pre-marital wealth
Note	Requirements vary by province; independent legal advice is essential	Requirements vary by province; independent legal advice is essential

 

The specifics belong to your legal counsel, but most agreements give attention to the following:

1. Property brought into the relationship by each partner
2. Property and debt acquired together during the relationship
3. The treatment of the family home
4. Business interests, professional practices, and private company shares
5. Inheritances and gifts intended to remain separate
6. Support arrangements, where permitted, and the process for revisiting the agreement

These are the issues we see most often when an agreement is missing, dated, or incomplete.

• Leaving it too late, so the conversation collides with the wedding or a major asset purchase
• Treating it as a one-time document rather than revisiting it as wealth and circumstances change
• Overlooking the family home, which often carries its own rules
• Forgetting cross-border and corporate assets, which can be the most complex to unwind

A relationship agreement is a legal document, but it rests on a financial foundation. That is where we do the work alongside your lawyer:

• We map your current and expected assets so the agreement reflects the full financial picture
• We coordinate with your family law lawyer so the financial structure and the legal document align
• We model how separate and shared property would be treated under different scenarios
• We revisit the structure as your circumstances, family, and goals evolve

This guide is educational. A cohabitation or prenuptial agreement is a legal contract, and its validity depends on provincial family law, independent legal advice for each partner, and full financial disclosure. Before acting, each partner should retain their own qualified family law lawyer in the relevant jurisdiction. Solinvest works alongside your legal counsel and does not provide legal advice.

Disclosures and disclaimers This information, including any opinion, is based on various sources believed to be reliable, but its accuracy cannot be guaranteed and is subject to change. CIBC and CIBC World Markets Inc., their affiliates, directors, officers and employees may buy, sell, or hold a position in securities of a company mentioned herein, its affiliates or subsidiaries, and may also perform financial advisory services, investment banking or other services for, or have lending or other credit relationships with the same. CIBC World Markets Inc. and its representatives may receive sales commissions and/or a spread between bid and ask prices if you purchase, sell or hold the securities referred to above. © CIBC World Markets Inc. 2026. This commentary is intended to provide general information and should not be construed as tax, legal, financial, or other advice. Individual circumstances and current events are critical to sound planning; anyone wishing to act on the information presented should consult with his or her tax, legal or financial advisor. Examples provided are for demonstration purposes only. They are based on several assumptions and consequently actual results may differ, possibly to a material degree. If you are currently a CIBC Wood Gundy client, please contact your Investment Advisor. CIBC Private Wealth consists of services provided by CIBC and certain of its subsidiaries, including CIBC Wood Gundy, a division of CIBC World Markets Inc. The CIBC logo and “CIBC Private Wealth” are trademarks of CIBC, used under license. “Wood Gundy” is a registered trademark of CIBC World Markets Inc.