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Because the objectives people have who enter into cohabitation
agreements are as varied and unique as their relationships, there
is no such thing as an effective cookie cutter cohabitation form
agreement. Cohabitation agreements are extremely flexible documents,
which are not subject of the same stringent legal requirements
that govern matrimonial agreements under the Family Code. There
is a myriad of issues that may be addressed in a cohabitation
agreement, including all of the following:
● the goals and expectations for the relationship;
● the duration of the agreement;
● ownership, management and control of property and
income;
● dividing the principal residence upon breakup of
the relationship;
● the parties’ responsibilities for debts, including
distributing property in case of death or breakup;
● definitions of and responsibilities for support and
living expenses including specifying health insurance coverage;
● household arrangements, including responsibilities
for household chores;
● personal and interpersonal relations (e.g., use of surname, provision
for illness or disability of one partner);
● relations with others outside the contractual relationship
(including career, social and community commitments);
● establishing the circumstances and conditions when
one party may have the right to make medical decisions for the
other;
● determining the right to serve as guardian/conservator
in the event of incapacitation;
● provisions regarding care, custody and support of
children from prior relationships;
● procedures for changing the contract, resolving disputes or ending
the contract, including mediation.
© 2006-2009 L.A Prenup Lawyer L.L.P,
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