How The Cohabitation Agreement Differs
Similar to prenuptial agreements are cohabitation agreements. This type of agreement applies to parties that live together but are not married. Occasionally, these agreements are written to state that it is the parties’ intent to NEVER get married, but that they will reside together and share expenses in this way or that way. Other times, cohabitation agreements will be drafted with the parties intent to not co-mingle financial affairs, but again, with the intent that the parties reduce the stress related to financial issues, and therefore, increasing the probability of a successful relationship. Either way, the parties are entering into a contract which helps show the parties’ intent, in regards to their relationship, and either way, the agreement is enforceable.
It is interesting that we have two types of contractual agreements, prenuptial agreements and cohabitation agreements, which appear to be so similar, yet the purposes of the documents are so different. A prenuptial agreement is an agreement to enter into a marriage, and a cohabitation agreement is an agreement to not enter into a marriage.