What Are Common Client Concerns in Cohabitation Agreements?
Based on our research, it’s common for unmarried couples to have various concerns when reviewing their cohabitation agreement, which outlines financial responsibilities, rights, and ownership.
ContractsCounsel, a legal marketplace where family lawyers can be hired for contract review, has sourced the most common concerns clients have about cohabitation agreements. These include legal validation, protection of personal property, and enforcement of financial obligations. Read on to learn about these top concerns and how lawyers can help.
Note: Our data comes from real, anonymized cohabitation agreement review postings on the ContractsCounsel platform, where lawyers are hired to review such contracts every day.
Requests for Legal Review and Validation
Concern 1: One of the top client concerns is wanting a lawyer to review the cohabitation agreement so that it’s legal, fair, and properly executed.
How lawyers help: Family lawyers will read through the entire document and check that it is in line with state laws and properly witnessed. They can also ensure both parties in the agreement had independent counsel.
Enforcement of Financial Obligations
Concern 2: Couples want to know their financial responsibilities are enforceable if one person in the relationship doesn’t meet their payment deadlines for rent, mortgage, or other expenses.
How lawyers help: A lawyer will use clear, easy-to-understand words that outline everyone’s responsibilities and payment rights. They’ll clarify what happens if someone doesn’t pay.
Protection of Personal Property and Inheritance Rights
Concern 3: Both parties want to know that assets they own remain theirs if there is a breakup or death.
How lawyers help: Lawyers identify all the combined and individual assets. They’ll take a closer look at the inheritance rights. If required, they’ll add provisions for unfair or mistaken asset division.
Agreements Drafted by One Party’s Attorney
Concern 4: If the cohabitation agreement has been drafted by one party’s lawyer, this could risk unfair or unjust terms that favor one side.
How lawyers help: Attorneys provide a balanced review and fresh take when negotiating any adjustments. It’s essential that they focus on both parties’ interests.
Mutual Agreement and Satisfaction
Concern 5: Couples might not have any concerns about the drafting of their cohabitation agreement. They might feel that the document is fair, balanced, and meets both parties’ expectations.
How lawyers help: While one might assume a lawyer’s services aren’t needed in this situation, they can still help to confirm that the agreement is clear and legally sound to prevent future misunderstandings or conflict.
Key Takeaways
- Clients want fairness, legal enforceability, and the protection of their assets.
- Independent legal review is a must — it ensures both parties understand and agree to all terms.
- A lawyer checks the cohabitation agreement is properly executed to protect both partners’ interests and reduce disputes.
Need help with your cohabitation agreement?
On ContractsCounsel, individuals can post their project for free, where they can connect with vetted family lawyers who draft and review cohabitation agreements every day. Visit the platform and get your cohabitation agreement reviewed by a professional to put your mind at ease.