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Why You Need A Sound Cohabitation Agreement


A lot has changed over the generations and one significant change is how couples choose to live. While marriage is still a popular choice for many couples living together, over the years cohabitation has gained popularity.

Cohabitation without marriage is becoming more and more common these days. Recently, this concept has come to be defined as any two partners who have integrated their property, residence and daily lives.

Some use it as a launching point for marriage, while others choose it as their ultimate arrangement. There are many reasons why some couples choose to forgo marriage for cohabitation, and they can be:

  • To avoid social, legal, or personal commitment that marriage represents
  • Fear of financial burden incurred by divorce
  • To reduce living expenses
  • To avoid upsetting family or friends through a possible remarriage

If you and your partner choose to live together, for whatever reason, a cohabitation agreement is pertinent to be recognized as a couple by the law. Unmarried couples can come up against a lot of outdated laws related to property rights, pensions, and inheritance.

Basically, if one of you dies or the relationship ends, someone will end up burned. A cohabitation agreement can help avoid this.

It is a contractual arrangement that governs the legal, economic and other aspects of the agreement. A cohabitation agreement can help these unmarried couples get the same legal protections that married couples do. These rights include the following:

  • Right to make medical decisions for their partner
  • Inheritance rights
  • Protection of New Jersey divorce laws

The protection of New Jersey divorce laws is important because it avoids the mess that comes with divorce for unmarried couples. A cohabitation agreement can lay out exactly how things should be split and handled should a divorce or death of a partner take place.

Putting a cohabitation agreement in writing can help avoid a host of legal problems down the road. For this, couples should seek the aid of an experienced marital agreement lawyer. This way you can ensure that your cohabitation agreement is legally enforceable and sound.

The lawyers at Nitti & Nitti Attorneys at Law handle all types of marital agreements, including cohabitation agreements. They are skilled at drafting documents that will withstand future legal challenges should your circumstances change. Call 973-226-4141 or fill out our convenient online contact form to request a consultation today.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.