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In Colorado, neither partner of an unmarried couple has a right to financial support after the couple separates unless the couple has previously agreed to such support. Therefore, a couple may wish to decide within a cohabitation agreement whether support will be paid and by which partner following a separation.
Colorado has recognized common law marriage as legal and binding since 1877 and is 1 of 12 states to do so. A common law marriage is established when the parties mutually consent to be husband and wife. Common law marriage does not require any license, ceremony or documentation to be legal.
What is a Cohabitation Agreement? A cohabitation agreement is an oral or written contract between unrelated and unmarried persons who share a common household. The agreement usually addresses such issues as the pooling of financial resources, the sharing of household.
While cohabitation is a relevant factor to determine whether there is a common law marriage, it's not required, and if there is cohabitation, no specific duration is required. Likewise, cohabitation without the couple actually intending to be married, is not sufficient to create a marriage.
Any cohabitation agreement signed by both you and your partner will hold up in a Colorado court. However, many couples overlook key issues and important details.