A cohabitation agreement is a written contract (similar to a marriage contract or marriage, or “pre-nup” for couples who legally marry) that can be entered into between common law spouses. Its main objective is to establish the property rights of each spouse when he or she separates. In the absence of a cohabitation agreement, the only right a spouse may have under the common law at separation is to assert a right to financial assistance. Unlike married spouses, common law spouses do not have automatic rights to participate in the property when they separate. NOW THEREFORE, given the impending agreement on cohabitation and taking into account the promises and reciprocal alliances in this agreement, the parties agree: They are not obliged to have a cohabitation agreement, although some couples receive one for peace of mind, and this can be a useful tool they can have if you separate from your partner. A cohabitation agreement is usually developed by a lawyer to ensure that it is properly written and contains all the formulations and clauses you need so that they can be applied when you separate. An agreement on cohabitation is a legal written agreement, similar to a pre-marriage agreement. It is an agreement that the parties sign to protect the existing and sometimes future assets of the division or the other spouse`s claims. A cohabitation agreement can be signed before the parties move in or when they have entered together (although the motivation to sign a cohabitation agreement can often be dispelled after the joint move in).
So it`s best to have an agreement on cohabitation if you and your partner are discussing moving in together. Learn more about separation agreements and how our separation and family lawyers can help you in your agreement. An agreement on cohabitation should be written by a lawyer who ensures that it is written correctly, that it contains everything it should cover and that it is legally binding. Lawyers are trained to anticipate problems you don`t have without the help of a lawyer. Therefore, a lawyer can tell you what should be included and how the cohabitation agreement can be applied later if you separate from your partner or spouse. With Kimball Law, we can help you protect your wealth and income in an agreement. Whether it`s a cohabitation agreement you need before you move in with your new partner or spouse, or a separation agreement after your relationship collapses, we can help. If you are seeking advice before establishing a common law relationship or preparing a separation agreement after separation, we are here to help. Both parties should provide full financial disclosure.