Securing Your Non-Marital Relationship: Advice from a Cohabitation Lawyer Serving San Mateo, CA
What a Cohabitation Lawyer Does
Why You Need a Cohabitation Agreement
A cohabitation agreement serves the same fundamental purpose as a prenuptial agreement in a marriage. Think of it as an insurance policy for your relationship – you hope you won’t need it, but if challenges arise, you’ll be incredibly grateful you have it.
Key Areas a Cohabitation Agreement Addresses
Ownership of Property
The agreement will specify how property acquired during the relationship will be divided in the event of separation. This includes real estate, vehicles, furniture, and other significant assets. It’s important to determine whether assets will be split evenly based on individual contributions or according to another agreed-upon arrangement. The agreement can also clarify the ownership of gifts given between partners during the relationship.
Financial Responsibilities
The agreement will outline how shared expenses such as rent or mortgage payments, utilities, groceries, and other living costs will be divided between partners. This can help prevent misunderstandings and ensure that both individuals contribute fairly. It’s also important to address how unexpected expenses or major financial decisions will be handled, as well.
Management of Debts
Couples sometimes enter into cohabitation with existing debts or they may incur new debts together during the relationship. The agreement should clearly specify how these debts will be managed and who will be responsible for them if the couple separates. The agreement can also include strategies for paying off shared debt or protecting one partner from the other’s individual debts.
Provisions for Children
If children are involved, from previous relationships or born during the cohabitation, a cohabitation agreement can establish arrangements for custody visitation and child support. A lawyer will ensure these terms are in the best interests of the children and align with relevant laws. Additionally, your agreement could address issues such as the child’s education, healthcare decisions, and religious upbringing.
Addressing Spousal Support or ‘Palimony’
While the legalities on this are still evolving, the concept of “palimony” is becoming increasingly common. This may resemble spousal support or alimony in a traditional marriage context. Your cohabitation lawyer can advise you on the relevant laws and help you decide if any clauses pertaining to support after separation are necessary. If appropriate, the agreement could detail specific scenarios that would trigger palimony and establish the amount and duration of such support.
The Importance of Enforceability
For your cohabitation agreement to be legally enforceable, it must meet specific criteria. A cohabitation lawyer understands these essential elements and will ensure your agreement is sound. This includes drafting the agreement in clear and unambiguous language to minimize misinterpretations. Additionally, both parties must receive fair consideration (something of value) in exchange for signing, and, in the state of California, witnessing and/or notarization are required for full enforceability. Your lawyer can advise you on any other legal requirement for the agreement to be enforceable.
The Role of a Cohabitation Lawyer
Tailor the Agreement
A lawyer will ensure that your cohabitation agreement is customized to your specific circumstances and needs. Every couple’s situation is unique, and a one-size-fits-all template may fail to address important issues.
Provide Legal Expertise
Property laws and contract law can be complex, so a cohabitation lawyer will ensure your agreement is legally sound and enforceable.
Ensure Fairness
An attorney can review the terms of the agreement to guarantee it’s fair to both parties. They can help identify clauses that may be unintentionally one-sided and suggest adjustments to promote a more equitable arrangement.
Addressing Potential Complexities
A cohabitation lawyer can foresee potential difficulties and include provisions in the agreement to address them. For example, if one partner owns a business or has significant assets coming into the relationship, your lawyer can help protect those pre-existing assets as well as clarify future ownership of the business or its profits.
Handle Sensitive Issues
Discussions about finances and potential separation can be emotionally charged, and a lawyer is a neutral mediator helping couples navigate difficult conversations and reach amicable agreements in a less stressful environment. Additionally, a lawyer can ensure that both partners are aware of the legal and financial implications of the agreement and have the opportunity to ask questions and seek independent legal counsel before signing.
Updating the Agreement
Life circumstances change. It’s essential to review and update your cohabitation agreement periodically to reflect significant changes such as salary increases, large purchases, or the birth of children. Your lawyer can recommend an appropriate schedule for review and handle the necessary modifications.
Finding the Right Cohabitation Lawyer
Investing in a cohabitation agreement is an investment in the health and longevity of your partnership. It’s a proactive step that can bring peace of mind and clarity, allowing you to focus on building a fulfilling life together. While it can be uncomfortable to think about the possibility of separation, it’s far better to address these issues while your relationship is strong than to face them during a potentially acrimonious breakup.
A skilled cohabitation lawyer is your best ally in securing your future within a non-marital relationship. If you’re considering cohabitation or are currently in a non-marital partnership, contact Seeley Family Law for a consultation.