Cohabitation Agreements in Florida

Cohabitation Agreements in Florida: What You Need to Know

Cohabitation has become a popular lifestyle choice for couples who don`t want to get married but still want to live together. However, without the legal protections that come with marriage, cohabiting couples may find themselves at a disadvantage in case of a breakup. This is where a cohabitation agreement comes in.

A cohabitation agreement is a legal document that outlines the rights and responsibilities of each partner in a cohabiting relationship. The agreement can cover a wide range of issues, including property division, financial responsibilities, and even parenting arrangements.

In Florida, cohabitation agreements are recognized and enforceable by law. However, to ensure the validity of the agreement, it must meet certain requirements.

First, the agreement must be in writing and signed by both partners. It should also be clear and specific in its terms and conditions. The agreement should also be entered into voluntarily, without any coercion or undue influence from either partner.

To ensure that the cohabitation agreement is legally binding, it is recommended that each partner consults their own attorney. This is especially important if one partner is contributing significantly more financially or if there are children involved.

Cohabitation agreements can be particularly beneficial for couples who own property together. In Florida, without a cohabitation agreement, property owned by one partner may be subject to a partition suit, which could result in the sale of the property. However, with a cohabitation agreement, the couple can agree on how the property will be divided in case of a breakup, avoiding the need for a partition suit.

Another important issue that can be addressed in a cohabitation agreement is financial responsibility. The agreement can outline how expenses will be shared and how assets and debts will be divided in case of a breakup.

Cohabitation agreements can also address parenting arrangements in case the couple has children. The agreement can outline custody and visitation rights, as well as each partner`s responsibility for child support.

In conclusion, cohabitation agreements can provide legal protections for couples who choose not to marry but still want to live together. It is important to consult with an experienced attorney to ensure that the agreement is valid and enforceable. By having a cohabitation agreement, couples can ensure that their rights and interests are protected in case of a breakup.