According to both cohabitation laws and contractual laws, the writing of cohabitation agreements must involve a certain process in order to be held legally valid. For example, couples must disclose all debt and assets before entering into a cohabitation agreement. In addition, couples must enter the agreement willingly, in the absence of pressure or fraudcohabitation agreement
Like many laws, cohabitation laws can be complicated and contain loopholes. In fact, many laymen have a difficult time understanding the full implication of cohabitation laws. For instance, couples may decide to maintain individual property, but end up sharing property during the relationship. If the cohabitation agreement contained an individual property clause, there is legal loophole for that clause since the couple did not maintain separate property during the relationship.
Since the couple shared property during the relationship, the judge is likely to divide property equally, regardless of the agreement. This is just one example of a loophole that a lawyer would be able to avoid when writing a cohabitation agreement. Couples may also find that their contract contains an illegal clause or clauses, thereby nullifying the contract. In addition, judges like to see that each individual had separate legal representation when the agreement was written.
By doing this, partners can ensure protection of individual rights. In fact, judges are far less likely to uphold an agreement written in the absence of separate legal representation. Also, there is no single cohabitation agreement that will cover the unique needs of all couples. Therefore, a “do it yourself” agreement is not really a viable option for most couples. There are too many possible scenarios and complications involved in separation, for a couple to know what should be included in or excluded from a cohabitation agreement.
When any individual is entering into a legally binding contract or agreement, they should seek the advice of an attorney. For one thing, the individual will want to be sure that the agreement is upheld by the courts. In addition, that individual will want to sure that their interests are upheld, should enforcement of the agreement become necessary. While lawyers can be pricey, a lengthy legal battle in the event of separation is much more expensive both financially and mentally. By paying for a lawyer when the cohabitation agreement is created, couples can save themselves from future financial and psychological disaster.
