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PART 1.1

COHABITATION AGREEMENTS

A cohabitation agreement is made between two persons who are cohabiting or plan to cohabit but are not married.

The purpose of the agreement is to agree upon your respective rights and obligations during cohabitation and in the event that you cease to cohabit (or on one partner's death).

The agreement may also include clauses on: property ownership or division; support obligations; right to determine the children's education and religious upbringing, etc. However, a cohabitation agreement cannot deal with child custody or access rights upon separation.

If you and your partner subsequently marry each other, the cohabitation agreement becomes a marriage contract.

 

MARRIAGE CONTRACTS/PRENUPS

If, on the possible breakdown of your marriage, you would prefer to be governed by your own decisions rather than the law, this can mostly be arranged as long as you and your future spouse reach a binding agreement in advance. There are certain things that you cannot override in a contract, and others you can.

The way to do this is through an agreement called a marriage contract. This is what is sometimes called a prenuptial agreement or prenup.

Spouses who are already once divorced often decide to enter marriage contracts as they have existing property and obligations about which they wish to have clarity at the outset.


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