Scroll to read more

For the modern family, the concept of the traditional married parents has rapidly evolved, bringing in the rise of cohabitation sans the ‘I do’. However, as more parents opt to cohabit, there exists the critical need to discuss open issues before they become disputes. This is where a cohabitation agreement comes in handy, especially when children are involved.

The Changing Landscape of Family Structures

Cohabitation vs. Marriage

Cohabitation involves two parties living together intimately without a legal or religious sanction. While this once raised eyebrows, the tide has recently shifted, with a study indicating that the number of U.S adults who have ever cohabited surpassing those who have ever married. Key differences exist between cohabitation and marriage regarding property and financial considerations, much like what you would find in a bargain and sale deed example where property transferred bears no warranties against encumbrances.

The Implications for Children

While cohabitation and marriage might be interchangeable for adults, it’s a different ball game for children. Studies highlight that children in cohabiting households may not enjoy the same emotional, economic, and social benefits synonymous with their counterparts in marital settings. This underscores the importance of a safety net in cohabitation agreements.

Cohabitation Agreements – An Overview


A cohabitation agreement serves as a legally binding agreement between two individuals cohabiting or planning to do so. It’s akin to a “relationship contract”, aiming to address foreseeable issues.

Purpose and Scope

Much like a prenuptial agreement or even a bargain and sale deed example where property matters are settled in advance, a cohabitation agreement spells out a host of considerations including financial obligations, property matters and most importantly child-related issues—one area where the stakes run high.

Children in the Mix: Key Issues Addressed in Agreements

Custody and Living Arrangements

A good cohabitation agreement demarcates living arrangements when the relationship dissolves. It outlines who the children live with and the time spent with the noncustodial parent.

Financial Support

It also covers who foots the bill for child-related costs and in what proportions. This financial security nets kids from the brunt of any parental conflict.

Decision-making and Parental Rights

Far from financial implications, it provides a road map on significant decisions regarding education, health, and general welfare, with both parents retaining equal rights, subject to custody stipulations.

Future Disputes

Having dispute resolution provisions acts as a buffer against potential disagreements regarding the interpretation of the agreement.

Benefits of Addressing Child-related Matters in Cohabitation Agreements

Proactive Problem Solving

Much like in a bargain and sale deed example where transfer conditions are addressed, such agreements provide an opportunity to anticipate and resolve potential children issues.

Clarity and Certainty

They offer a clear path for cohabiting parents, reducing roles and responsibility ambiguities to prevent potential conflicts and confusion down the line.

Legal Protection

Most significantly, they guarantee that both the parents’ and children’s rights are protected legally. Courts often enforce the stipulated clauses in these agreements barring when they contravene the children’s welfare.

Drafting an Effective Cohabitation Agreement

Legal Assistance

Crafting this document requires legal savvy, thus the need for an experienced lawyer familiar with family law.

Open Communication

Having open, honest conversations with your partner significantly eases the drafting process. Issues should be laid bare, addressing fears and expectations alike.

Review and Updates

Just like in a bargain and sale deed example, review clauses necessitate an agreement update when circumstances, especially relating to children, change.


In essence, cohabitation agreements are not merely about the couple but aim at providing stability and protection for children involved. If cohabiting, it might be a worthy endeavor to have such an agreement in place as a proactive and responsible step towards a harmonious cohabited parenting journey.