Prenuptial & Cohabitation Agreements

Protecting Yourself with Prenuptial or Cohabitation Agreements

Prenuptial and cohabitation agreements are not just for well-paid entertainers anymore. It is becoming increasingly commonplace for everyday fiancées, with the help of an attorney, to prepare a prenuptial agreement-a binding contract that details the manner in which the couple's separate and community property will be distributed, should the marriage ends in divorce, legal separation, or the death of a spouse.

The degree to which a prenuptial agreement serves its intended purpose is directly related to the quality of the document. We closely examine both, and are glad to lend our guidance as family lawyers.

The Facts

We will make sure you understand, first of all, what this type of contract can, and cannot, do for you. For example, a prenuptial agreement can state who gets what from a divorce, but it cannot address future child custody rights. Your agreement must mention only what it should. Debatable portions could cause a judge to take your entire agreement less seriously.

Cohabitation Agreements

If you are an unmarried couple who live together but do not have a written agreement spelling out your rights and obligations, you should seek the advice of the Law Offices of Gary W. Kearney.

As you start your domestic lives together, each of you has certain expectations when it comes to your finances, separate or combined, and your obligations to each other. You may think that that each of you will continue to own your own separate property and that neither of you will be obligated to support the other. Your partner may have the opposite expectation.

If you and your partner break up, these dueling and conflicting misimpressions can lead to all kinds of unhappiness.

Here Is An Example

If you are much wealthier than your partner, and the relationship breaks up, you could be vulnerable to a possible lawsuit. Your partner may sue you for "palimony," claiming that you promised that you would support him or her for life, and that all property collected during the relationship would belong to both of you.

If you have no written agreement to the contrary, and your partner's claims are believed, you could be obligated to divide that property with, or pay support to your partner, or both.

To reverse the example, you may have quit your job and assumed the role of homemaker for your partner, who in return promised that you would always be taken care of. Then, upon your break-up, you discover that all the assets you acquired together are in your partner's name, and your partner denies that he or she ever made any promises to you.

Do Not Let That Happen To You

Discuss a prenuptial or cohabitation agreement in an initial consultation with an attorney at the Law Offices of Gary W. Kearney. We are available by phone, fax, e-mail, or online consultation form.