Do You Need a Cohabitation Agreement or a Marriage Contract? If so, Choose Collaborative.
Moving in together or getting married is an exciting time for any relationship. It’s also at these times that people explore the need for a cohabitation agreement or marriage contract. Here are some circumstances where you may want one:
Do you own a home?
Do you have family wealth?
Do you have children? Is this your second marriage?
Is there a large difference in your respective net worth?
Do you own an asset that may grow substantially in a short period of time during the marriage?
Are you already married and inherited money that will be put into joint property?
Do you own a business?
If any of these apply to you – you should consider a marriage or cohabitation agreement. And we urge you to so collaboratively. Here’s why:
Collaborative vs. Traditional Negotiation
Communication between the couple, with their lawyers vs. Communication between lawyers
Goals and interests focused vs. Law focused
Options generated together vs. Offers and counter-offers exchanged
Terms agreed to before an agreement is drafted vs. Agreements served between lawyers
Use of financial and family neutrals vs. Lawyers only
Preserves relationships vs. Risks harming the relationship
We know these are highly sensitive agreements-this isn’t just business. We understand that couples want a negotiation process that addresses the consequences of a possible future separation or death of a spouse in an empathic way. Focusing solely on the law, having lawyers take positions, communicating through lawyers where information is often lost in translation can create hurt and misunderstanding and upset an otherwise solid relationship.
Collaboratively trained lawyers understand that emotional and legal issues are not mutually exclusive. The process centers around the couple’s goals and interests to ensure each person understands the other’s values and objectives for the agreement. In face to face meetings, the couple, with their lawyers, explore what the terms of the agreement should be. Once the agreement is drafted and presented to the clients together, the terms have already been negotiated and agreed.
We encourage everyone entering into marriage and cohabitation agreements to choose collaborative to create a legally and emotionally sound footing for your relationship.
