Although a cohabitation agreement is like a marriage, it is not the same as a marriage contract. A marriage is only used if two people are thinking about marriage. Indeed, many states have laws that do not respect the marital agreement if the couple decides not to marry. This law dates back to 1805 and is punishable by 60 days in prison. North Carolina is one of five states that still have a cohabitation law. As a reminder, each party should seek independent legal assistance before implementing this agreement, as you may waive the rights to which you are entitled in the context of a common law marriage. While an unmarried couple in North Carolina does not have established divorce procedures and procedures, the couple can rely on a cohabitation agreement if they have planned in advance. A cohabitation agreement specifies what will happen in the event of a separation. Cohabitation is generally defined as two people living together, as if a married couple. National laws differ in the definition of cohabitation.

Some states have statutes that make cohabitation a crime under the adultery law. According to state law, cohabitation means “regularly residing with an adult of the same or opposite sex when the parties support each other as a couple and the relationship provides a financial benefit to the party receiving support. Proof of sexual intercourse is permitted, but is not necessary to prove coexistence.¬†Another state status defines cohabitation as “the permanent and habitual marriage of a man and a woman who, in a private conjugal relationship, are not solemnly celebrated as a marriage under the law or do not necessarily respect all the norms of a common marriage.” Another state, Georgia, defines cohabitation as “living together continuously and openly in a simple relationship with another person, regardless of the gender of the other person. Yes, pre-marriage cohabitation is still technically illegal in North Carolina. Anyone who is currently living with their partner or is considering taking this step should think about what would happen if the relationship ended. While this is not something that most people want to consider, planning can now help avoid a lot of grief and financial problems in the future. Establishing a contractual agreement to share assets and assets when the relationship is strong can help to avoid any misunderstanding or other problems if that relationship is concluded. Courts in North Carolina have already dealt with many cases like this, and as long as the contract is not based on the exchange of sexual services, it will generally be confirmed when it has to go to court.