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Advantages of Cohabitation Agreements Over Marriage

By: James Wallis

Advantages of Cohabitation

Today, a majority of people prefer cohabitation to marriage. The top reasons for people preferring cohabitation to marriage have been listed below:

  • Starting a Relationship: In the case of cohabitation, starting a new relationship is much easier. It just needs the consent of the two parties who are involved. On the other hand, a marriage requires a formal ceremony, attainment of minimal age, a license and a clergy person to declare you are married.


  • Ending a Relationship: On the other hand, ending a relationship is also much easier. It does not require the intervention of the court of law to formally end the relationship as in a marriage. It is ended by the mere consent of the two parties involved.


  • Test for Compatibility: People in a cohabitating relationship feel that this is the one of the greatest advantages of cohabitation.


  • Financial Support: Men usually prefer cohabitation as they are not required to pay alimony in the event that the relationship breaks up. They are free to carry on with their lives without any financial commitment if the relationship breaks up.


Advantages of Marriage

  • Presence of Commitment: In a marriage, you will find a commitment towards the relationship which is otherwise seen missing in a cohabitating relationship. The offspring of a couple become their legal heirs and the couple are legally entitled to protect them.


  • Inheritance of Property: In the event of the death of an individual, his or her spouse is automatically entitled to inherit the property.


  • Tax: You can save a lot of money spent towards tax. You can avoid the 40% inheritance tax that would have to be paid in case of inheritance by a cohabitating partner. There would not be any capital gains tax either while transferring funds between you and your spouse.


  • Pension: In the event of the death of your spouse, you would be receiving his pension, while in a cohabitating relationship you might not be entitled to it.


  • Children: In marriage, the father automatically gets the parental rights of the children. However, for children born to cohabitating couple, the father might be required to legally obtain parental responsibility and at times he is required to undergo blood tests, etc. to establish paternity.


  • Opting for Cohabitation

    Despite the disadvantages in cohabitating relationships, people still opt for it owing to the freedom and lack of responsibility that come with it. Cohabitating couple argue that although they might be missing out on a lot of financial gains, they can still save themselves the burden of going through a divorce process that could leave them financially and emotionally drained. It is unfair to pass a generalised verdict against cohabitation. If the couple analyse and choose cohabitation over marriage because both of them do not want to be legally bound by commitment, they might still be able to lead a contented life together.

    Cohabitation Agreement

    Since the laws do not protect the interests of cohabitating couple, it is necessary that they come up with a written cohabitation agreement to avoid any dispute in the future. In allows them to enjoy the freedom in a relationship while protecting their financial interests. The agreement helps to draw a clear line in matters of financial contribution of each member towards household expenses, inheritance, pension, etc.

    Once the couple decide to draw a cohabitation agreement, they need not worry about wasting a lot of time or money in drafting one. With all the legal forms available online, the cohabitation agreement is just a few clicks away. Instead of hunting for a good solicitor or worrying about huge bills, they can have an online cohabitation agreement prepared at a cheaper price sitting in the comfort of their home.

    Cohabitation agreement is not a bondage to your free spirit. Instead it helps to avoid disputes and legal battles in your relationship so that you enjoy the freedom of cohabitation without worrying about commitment – just the way you wanted it.

    Article Source: http://www.articleblender.com

    James Walsh is a freelance writer and editor. For more information on Co-habitation Agreements see www.cohabitation-agreement.co.uk

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