Question
A cohabitation agreement occurs when two people who are not married to each other and live together, commonly in an intimate relationship engage in a
A cohabitation agreement occurs when two people who are not married to each other and live together, commonly in an intimate relationship engage in a private contract. This contract would establish mutually agreed-upon rights and responsibilities of each party. This type of agreement would generally go into further detail regarding the responsibilities and rights of each person, this includes but is not limited to property division, financial obligations, and other matters that may arise if the relationship ends. These rights are usually what married people would get as dictated by statute, agreement, and custom. To go into more details regarding cohabitation agreements I would like to add that cohabitation agreements can be ended without any legal process. There are also matters of health, assets, and decisions. These issues are typically addressed by each partner choosing the other partner as a healthcare proxy or providing them with a power of attorney. Cohabitants can even purchase property together. They would be able to do so as Joint tenants with the right of survivorship, which is "a form of ownership of property by two or more persons in which each tenant owns an identical interest in the property, and each joint tenant has a right of survivorship in the other's share." (Wilson, M. E. (2016)). First, before we can get into how a premarital agreement and a cohabitation agreement differ we must first know what a premarital agreement is. A premarital agreement also known as a prenuptial agreement is "an agreement made by two persons about to be married defining for themselves their respective rights, duties, and responsibilities in the event their marriage terminates by death, annulment, separation, or divorce" (Wilson, M. E. (2016)). A premarital agreement and a cohabitation agreement differ in the fact that a cohabitation does not involve or lead up to marriage and a premarital agreement does. A premarital agreement is usually signed before the marriage, while a cohabitation agreement is designed for couples who came to the decision to live together without the need to marry. Some states refuse to recognize cohabitation agreements because of the strong public policies that favor marriage. These public policies are largely influenced by religious beliefs. There's also the fact that cohabitation may introduce a lot of complex issues and can be hard to enforce. Cohabitation agreements involve legal complexities, some states would find concerns about the challenges of enforcing and interpreting these agreements consistently. There is no legal framework created as a guide for these situations. Each state is responsible for its own family laws so agreements such as cohabitation agreements may undermine the institution of marriage or lead to unintended consequences. Whether cohabitation agreements align with a biblical worldview provides a good discussion. Upon interpreting biblical teachings,one would find no direct links to cohabitation, but you can find verses that speak of the duty of marriage and living out of wedlock. "Marriage should be honored by all, and the marriage bed kept pure, for God will judge the adulterer and all the sexually immoral." (Hebrew 13:4). This verse speaks of honor in marriage and the way to maintain purity within the union. A Christian would most certainly view cohabitation as a sin. Men and women are not supposed to live together if unmarried. "Therefore a man shall leave his father and his mother and hold fast to his wife, and they shall become one flesh." (Genesis 2:24). This verse underscores the relationship between a couple during marriage, they become one. While cohabitation on the other hand provides no real duty to each other. References English Standard Version Bible. (2001). ESV Online.
https://esv.literalword.com/ Wilson, M. E. (2016). Family Law for the Paralegal (3rd ed.). Pearson Education (US). https://libertyonline.vitalsource.com/books/9780133780253
Discuss the following three topics concerning cohabitation agreements: What is a cohabitation agreement? How does it differ from a premarital agreements? Why do some states refuse to recognize cohabitation agreements? Are cohabitation agreements consistent with a biblical worldview? Use cited Scripture to inform your response. Fully explain your answers.
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