This document contains general comments on drafting a cohabitation agreement for couples living together without the benefit of matrimony. It also includes a cohabitation agreement and numerous clauses that may be included in the agreement, such as residency, financial support, out-of-wedlock child, and responsibility for housing costs.
New Jersey Cohabitation Agreements
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How to fill out Cohabitation Agreements?
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FAQ
To be enforceable, contracts made before marriage that determine money and property rights after marriage must be made in contemplation of marriage. This means that unless your cohabitation agreement is made shortly before your marriage, when you both plan to be married, a court will disregard it.
New Jersey law does not provide unmarried cohabitants with the same rights as married cohabitants. Although the two types of relationships may have identical commitment, stability and social utility, New Jersey law treats them unequally.
According to cohabitation laws in New Jersey, cohabitation is a "mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or a civil union." There is no way to "formalize" cohabitation.
Cohabitation in New Jersey: The Playing Field Leveled with Temple v. TempleIntertwined finances such as joint bank accounts and other joint holdings or liabilities;Sharing or joint responsibility for living expenses;Recognition of the relationship in the couple's social and family circle;More items...?
Cohabitation agreements are legally binding contracts, provided that they are drafted and executed properly, and are signed as a deed.
Like most valid contracts, to be legally binding, a cohabitation agreement needs to include both party's names and addresses. It needs to be signed by each party and it is a good idea to also have the agreement notarized.
I am often asked if marriage agreements and cohabitation agreements hold up in court. My answer is yes, if done correctly. Couples generally consider marriage (or cohabitation) agreements when one person is coming into the relationship with more assets that the other person.
New Jersey law does not provide unmarried cohabitants with the same rights as married cohabitants. Although the two types of relationships may have identical commitment, stability and social utility, New Jersey law treats them unequally.
Living together without being married or being in a civil partnership means you do not have many rights around finances, property and children. Consider making a will and getting a cohabitation agreement to protect your interests.
