Cohabitation agreements are an emerging area of family law for couples who do not wish to legally marry but wish to enjoy their lives as if they did. These agreements give the parties complete control over any division of assets, similar to a prenuptial agreement. The critical difference is that, in the event the agreement is contested, family court does not have jurisdiction to intervene and apply its community property or equitable division doctrines. As a result, there are fewer challenges to the enforceability of the contracts.
Cohabitation agreements are thought of as a type of relationship insurance policy. We live in a complicated world where it is impossible to predict the future. Things can change and when they do, we want our clients to be protected.