If you sign a cohabitation contract and later marry your partner, the law states that your contract automatically becomes a marriage contract. The best advice for unmarried couples is that at the beginning of their relationship, they should make cohabiting before starting to live together. Although a cohabitation agreement can be reached at any time during the relationship, as the relationship progresses, it becomes increasingly difficult to enter into such agreements, especially when spouses have different views and expectations about their financial relationship. It is best to have these discussions at the beginning and to ensure that both parties enter into the relationship and continue, with the same understanding of how they will share finances. The property before the joint move – if a partner owns property, can agree to a cohabitation agreement that is held separately and prevent the other partner from being entitled to it. However, if the partner who does not have the property contributes to the mortgage or is doing renovation work, he may be entitled to the property in the future, so this is something you should pay attention to. Unlike conjugal agreements, which are generally governed by specific laws against them, the courts consider cohabitation as a form of legal contracts. To be legally applicable, all contracts must include a “consideration” or exchange of values between the contracting parties. In the case of a car sale, for example, the seller agrees to supply the car and the buyer agrees to provide money as payment. Both parties agree to give the other party something valuable (car or money) in return. In particular, most states have specific laws applicable to marriage contracts, while cohabiting is governed by general contract laws.
If you want a marriage agreement or if you want to use your cohabitation terms as a basis for your prenup, you should discuss with a family lawyer in your country the best way to do so. “Yes, as long as it is properly implemented – which means that both parties receive independent legal advice on the agreement. He will then have all his legal strength,” says Blacklaws. The aim is to avoid subsequent accusations of undue hardship, such as: “My partner made me sign.” A cohabitation agreement is a written document that you and your partner can establish under the common law before or during your life together.