Cohabitation agreements have become increasingly popular in recent years as more couples choose to live together without getting married. These agreements are legal contracts that outline the rights and responsibilities of each partner in the relationship, including property ownership, debt, and financial support in the event of a separation.
However, like any legal agreement, the enforceability of a cohabitation agreement can be called into question. In this article, we will discuss the factors that affect the enforceability of a cohabitation agreement.
1. Was the agreement properly executed?
To be legally binding, a cohabitation agreement must meet certain formal requirements. For example, the agreement must be in writing and signed by both parties in the presence of a witness or notary public. If the agreement was not properly executed, it may not be enforceable.
2. Did both parties have full knowledge and understanding of the agreement?
For a cohabitation agreement to be enforceable, both parties must have had full knowledge and understanding of the terms of the agreement. This means that both parties must have been given the opportunity to ask questions and seek legal advice before signing the agreement. If one party did not understand the terms of the agreement or was coerced into signing, the agreement may not be enforceable.
3. Were the terms of the agreement fair and reasonable?
A court may refuse to enforce a cohabitation agreement if the terms of the agreement are unfair or unreasonable. For example, if the agreement heavily favors one party over the other, it may not be enforceable. Additionally, if the agreement is too restrictive or limits a party’s legal rights, it may not be enforceable.
4. Has there been a significant change in circumstances since the agreement was signed?
If there has been a significant change in circumstances since the cohabitation agreement was signed, a court may refuse to enforce the agreement. For example, if one party has experienced a significant change in financial circumstances or there has been a change in the parties’ living arrangements, a court may find that the agreement is no longer relevant.
5. Does the agreement violate any laws or public policy?
Finally, a cohabitation agreement must comply with all applicable laws and public policy. For example, an agreement that waives a party’s right to child support may not be enforceable as it goes against public policy. Similarly, an agreement that requires a party to commit an illegal act may be unenforceable.
In conclusion, while cohabitation agreements can be an effective way to protect the rights of both parties in a relationship, their enforceability is not guaranteed. To ensure that your cohabitation agreement is legally binding, it is important to work with an experienced attorney and to follow all formal requirements and legal guidelines.