South Carolina Agreement to Terminate Cohabitation
Description
How to fill out Agreement To Terminate Cohabitation?
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FAQ
Once a case has been filed, their attorney may subpoena bank records, utility bills, or your lease agreement/mortgage documents which may show that these items are listed with both of your names or that both you and your significant other are using the same mailing address, which most courts will accept, coupled with
Cohabitation is defined as two people, who are unmarried or not in a civil partnership living together in a long-term relationship but without being legally married.
Cohabitation The parties must cohabitate (live together). Present Intent to Be Married There must be an agreement (formal or informal) and an intent to be married.
Cohabitation agreements are legally binding contracts, provided that they are drafted and executed properly, and are signed as a deed.
This present intent to be married is generally proven by evidence proving that the parties were cohabitating, and holding themselves out, publicly and privately, as married. The parties must cohabitate for some period of time; however, there is NO time requirement of 7 years, as often wrongly believed.
South Carolina law defines cohabitation as the supported spouse residing with another person in a romantic relationship for at least 90 consecutive days. The paying spouse can request a review of periodic, rehabilitative, or reimbursement alimony if cohabitation is an issue.
In South Carolina, proving cohabitation requires a minimum 90 day surveillance record, so this kind of investigation cannot be trusted to amateurs. You can trust our experienced, licensed investigators to get the evidence you need to overturn an order to pay alimony.
A cohabitation agreement, like any other legal document, is legally enforceable as long as the agreement is signed by both partners and witnessed.