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Unlike prenuptial, postnuptial and domestic partnership agreements,
cohabitation agreements are not regulated by the Family Code
or any other similar statute. Thus, there is no legal requirement
that one or both parties to a cohabitation agreement be represented
by counsel for it to be enforceable.
Nonetheless, it is advisable for each party to a cohabitation
agreement to be represented by independent counsel. Not only
will skilled counsel make sure your agreement covers important
issues that are relevant to your circumstances, but he or she
will help you avoid later claims of unfairness or duress which
could cast doubt on the validity of your agreement.
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