In New Jersey, many couples live together without getting married. This modern trend has led to a growing need for non-marital contracts—also called cohabitation agreements. These legal agreements clarify financial and property matters, protect individual rights, and reduce conflict if the relationship ends.
Understanding Non-Marital Contracts
A non-marital contract is a legal agreement between two unmarried individuals in a romantic or intimate personal relationship. It outlines each partner’s rights and responsibilities during the relationship and in the event of separation.
These agreements often cover:
- Division of jointly acquired property
- Financial support or contributions
- Ownership of real estate
- Debt allocation
- Inheritance expectations
- Business interests or investments
They function similarly to prenuptial agreements but without the requirement of marriage.
Key Elements of a New Jersey Non-Marital Contract
To be most effective, a non-marital contract should address several essential issues:
Property Ownership
Define how partners own and divide property, including real estate, personal items, and investments.
Financial Responsibilities
Outline each partner’s contributions to expenses, debts, and savings, and specify how to manage joint accounts.
Support Obligations
State whether one partner will provide financial support during or after the relationship.
Inheritance Rights
Clarify each partner’s intentions regarding inheritance since the laws of intestacy do not apply to unmarried couples.
Dispute Resolution
Agree on how to resolve conflicts, such as through mediation or arbitration.
Termination Clause
Specify when the contract ends, such as upon separation or death.
Are These Agreements Enforceable in New Jersey?
New Jersey courts generally uphold non-marital contracts if they meet standard contract requirements, including mutual consent, consideration, and legality.
Agreements involving financial support or property division must be in writing. Verbal contracts are difficult to prove and may not hold up in court. Both parties must also agree voluntarily and without pressure. Evidence of coercion, fraud, or unfair advantage can make the contract unenforceable.
When Should You Consider a Non-Marital Contract?
These agreements are not just for high-net-worth couples. They are helpful for anyone who:
- Lives with a partner long-term
- Shares bills, rent, or a mortgage
- Has children with their partner
- Co-owns a business or property
- Supports their partner financially
If one partner gives up career opportunities or contributes to a partner-owned home, a written agreement can prevent conflict later.
What Happens Without a Non-Marital Agreement?
Without a written agreement, property and financial disputes can become legally complex and emotionally draining.
Dividing assets or determining support can get complicated if an unmarried couple breaks up without a contract. Unlike married couples, unmarried partners in New Jersey do not automatically have rights to alimony or equitable distribution.
Courts may rely on complex doctrines like unjust enrichment, constructive trust, or partition, approaches that do not always lead to fair or predictable outcomes. A clear, written agreement avoids these uncertainties.
How to Create a Legally Sound Non-Marital Agreement
Consult an experienced New Jersey family law attorney to ensure your non-marital contract is valid and enforceable.
A knowledgeable family law attorney in Red Bank, NJ, can:
- Draft a clear and fair agreement
- Ensure both parties fully understand the terms
- Address potential future scenarios, including breakups or death
- Minimize the risk of future legal challenges
Each partner should also consult their own legal counsel to prevent claims of unfairness or coercion.
Protecting Your Future
Love is emotional, but cohabitation involves practical realities. A non-marital contract is not about anticipating a breakup. It is about being proactive and thoughtful about your shared future.
If you and your partner are building a life together without getting married, talk to a New Jersey family law attorney about whether a non-marital contract is right for you. It is a smart step that can bring peace of mind and protect the interests of both partners.
Contact an Experienced Monmouth County Family Law Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
