Like marriage or inheritance contracts, concubine agreements also create flexibility and allow couples to decide among themselves how they wish to share the rights and duties of their lives. The main difference is that married or life partnership partners who decide to end their relationship and who do not have a marriage or inheritance contract are bound and protected by laws that create rights of assistance and division of property between outgoing spouses. While unmarried couples are not bound and protected by such laws without Palimony`s agreement. Unmarried couples retain common rights to all property they actually own together and all couples with children, regardless of their marital status or agreement, are bound by laws on family allowances and child custody. In some cases, the courts have found confidence in the property of a person cohabiting with another person, the property being considered to be held for the benefit of its national partner. While there is no formal trust agreement, it is nevertheless possible, in certain circumstances, to find a resulting trust to enforce the ownership and income agreements of the domestic partners. If there is evidence that the parties intend to create a trust, but the formalities of a trust are lacking, the court may declare that there is a resulting trust. The court may also declare that there is constructive trust, which is essentially a legal fiction aimed at avoiding injustice and preventing one of the parties from enjoying an unfair advantage. This may be based on contributions made by one partner to the property of the other. Each case is decided on the basis of its own facts, taking into account all the circumstances. The great advantage of a concubine contract is to help the unmarried couple clarify their financial obligations.
Long-term relationships, especially with children, involve both a business partnership and a romantic bond. Balancing the budget between income and expenses, finding out who pays what and how responsibilities in running the house are shared – all this needs to be clarified for a harmonious domestic life. The second big advantage of a concubine agreement is that it offers legal protection to disrupt unwarried partners. Most unmarried partners live almost the same way as married couples. They should certainly have at least some of the legal protection of a married couple. It is especially important to enter into a written real estate contract when buying a house together. Their contract should cover at least four main areas: cohabitation is generally defined as two people who live together as a married couple. State laws differ in the definition of cohabitation. Some states have laws that make cohabitation a crime under the Adultery Act. Under state law, living together means « living regularly with an adult of the same or another sex when the parties pose as a couple and the relationship of the pensioning party provides a financial benefit. Proof of sexual intercourse is allowed, but is not required to prove cohabitation. Another state law defines cohabitation as « the permanent and habitual cohabitation of a man and a woman who are in a private conjugal relationship that is not solemn as a marriage under the law or that does not necessarily meet all the norms of a marriage under the common law. » Another state, Georgia, defines cohabitation as « an uninterrupted and open cohabitation in a simple relationship with another person, regardless of the sex of the other person. A contract is nothing more than an agreement to do (or not do something).
Marriage is a contractual relationship, although the « terms » of the contract are rarely explicitly stated or even known to the couple who are getting married. . . .