Non-Marital Agreements

Couples who choose to live together but remain unmarried may choose to enter into a non-marital agreement. Entering into this type of contract can give both partners peace of mind regarding certain issues that may not be addressed because they do not wish to be legally married.

This contract is very similar to a pre-marital agreement, only marriage is not a part of the contract. To find out more about non-marital agreements, contact the Conroe divorce lawyers of Garg & Associates, P.C. at 281-362-2865.

Rules Governing Non-Marital Contracts

The court case that set precedent regarding non-marital agreements occurred in 1976 at the California Supreme Court. The court upheld an agreement made by a well-known actor and the woman he lived with. The four contract principles regarding non married couples living together are:

  • Unmarried couples may create written contracts
  • Unmarried couples may make oral contracts
  • The court may examine the couple’s actions to decide if an “implied contract” exists in lieu of an oral or written one
  • If there is no evidence of a contract, the judge may presume that “the parties intend to deal fairly with each other” in the case of issues of one partner being indebted to another

Non-marital agreements can be the key to avoiding messy break-ups involving shared assets and child custody for non-married couples.

Contact Us

To find out more about non-marital agreements for cohabitating partners, contact the Conroe divorce lawyers of Garg & Associates, P.C. at 281-362-2865.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
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