A domestic couple agreement is a legally binding contract that establishes the rights and responsibilities of unmarried couples or roommates. It can provide benefits similar to marriage, except for government-granted benefits. Violations can be brought to court as breaches of contract. The agreement varies in scope from country to country and state to state.
A domestic couple agreement is essentially a contract to establish the rights and responsibilities of each person in the relationship and develop a legally binding way to share costs, financial accounts, income or other personal assets. In an age where there has been much debate about the rights of those seeking a same-sex marriage, the term “cohabitation contract” has sometimes become exclusive to same-sex couples. The fact is that a cohabitation contract can be concluded between two unmarried adults, whether they are of the same or opposite sex. When created effectively, a cohabitation contract can provide all the benefits of marriage, except those granted only by a national government, such as tax benefits, pensions, and other probate or probate issues.
This type of arrangement can also provide an avenue for rights typically reserved for married couples, such as living wills or declarations of desire. This contract has the same legal weight as a lease. Violations of a cohabitation contract can be brought to court as breaches of contract. In the United States, the issue was first brought to an international stage in 1976, when the California Supreme Court heard the case of Marvin v. Marvin and ruled that written and even verbal contracts between unmarried partners are as legally valid as marriage contracts.
In its most basic form, a domestic couple’s contract can provide a legally binding framework for unmarried couples or even roommates. The terms of such an arrangement could include what percentage of household expenses each partner paid, whether the partners could jointly hold and therefore be jointly responsible for financial accounts, and how any assets acquired during the partnership would be divided upon its termination. Domestic partner agreements are often sought after by couples in long-term relationships, where divorce laws would offer no protection against one partner financially exploiting the other.
Partnership laws vary from state to state in the United States and usually focus on issues of health insurance and hospital visits. As of 2011, ten states have offered some limited form of rights under a cohabitation agreement, while five more have offered same-sex marriages. Furthermore, a number of countries have offered recognized national partnerships. As in the United States, the rights granted by a domestic partner agreement vary in scope from country to country. However, the inability of a national government to recognize domestic partnerships does not automatically invalidate the legitimacy of a cohabitation contract.
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