More ‘No-Nup’ Cohabitation Agreements as NJ Couples Opt Out of Getting Married.
By Hanan Isaacs of Hanan M. Isaacs, P.C. posted in Cohabitation Agreements Between Unmarried Couples on Wednesday, May 27, 2015.

Introduction
New Jerseyans are choosing in ever-increasing numbers to live together while remaining unmarried,. As a result, the need for cohabitation agreements also mounts. According to the U.S. Census Bureau, in 2013 alone, over 8 million couples chose to cohabit throughout America, a 60% increase from the 5 million who cohabited in 2006. While many couples see cohabitation as a viable alternative to conventional marriages, individuals who have lived through failed long-term relationships know that separation can take its toll on couples and families, regardless of marriage and irrespective of gender.

Property and assets
On the most basic level, a cohabitation agreement is a consensual “living together” contract that defines the rights and obligations of each partner. These legally binding agreements can be used to describe and assign rights to various assets and interests, in addition to defining what will be done with such assets and interests if the couple (or one of them) decides to part company.

Another critical issue that cohabitation agreements can be used to address is debt, since many couples nowadays have joint credit cards and own homes together.

Parenting, child custody, and child support
For unmarried couples with children, the cohabitation agreement creates a roadmap for parenting issues, eliminating the need to hash out important decisions in the heat of a crisis after children have already been born. Similarly, cohabitation agreements can provide contingency plans for custody, child support, and parenting time. As most divorced parents can attest, developing solutions to co-parenting issues after a separation is beyond challenging, even in the most amicable separations.

Safety and security
Couples who use cohabitation agreements say these provide a sense of comfort and safety, removing the elements of the unknown that cause fear and anxiety when couples experience rocky times. Cohabitation agreements also provide a buffer period while the partners pursue educational, career, and personal goals,. These positive attributes remove marriage pressures by creating a secure framework within which to build the parties’ relationship. They also create safety and security for the parties’ children.

It is vital to state here that cohabitation agreements are not the equivalent of marriage. Agreements between unmarried parties and parents may be enforceable as between the parties, but they are not binding upon governmental bodies, agencies, or even private sector employers.

Effective assistance of legal counsel
Developing effective and enforceable cohabitation agreements for unmarried parties and parents requires knowledgeable legal counsel who will incorporate all of a couple’s needs into the agreement. One lawyer could act as a neutral third party, assisting both parties with the drafting effort. However, in New Jersey, that lawyer may not then act as a legal representative of either or both of the parties.

If the parties need outside review counsel, negotiations, or individual representation, then each of them must secure the assistance of separate counsel.

You could also choose to work with a mediator and then take the matter to separate legal counsel to memorialize and finalize a cohabitation agreement.

Conclusion
Please allow us to help you with a cohabitation, custody, child support, and property/debts agreement. We are knowledgeable and experienced counsel in matters like this. We will protect your interests, advise you as to the laws that apply to your facts, and assist you in gaining the maximum benefit of negotiations. We will also help you enforce any agreement that your partner and you may have entered.

Please write or call us today. We are here to help you.

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