A concubine contract should not be confused with a concubine clause, a common provision in a divorce agreement when children are involved. This clause, often referred to as a moral clause, normally states that the parties must not have anyone with whom they are romantically related while the children are present. A violation of the concubine clause may result in a change in custody depending on the place of residence. Unlike marriage contracts, which are usually governed by specific laws, courts consider concubine agreements to be a form of legal contract. To be legally enforceable, all contracts must involve “consideration” or an exchange of value between the contracting parties. For example, during a car sale, the seller agrees to provide the car and the buyer agrees to provide money in payment. Both parties agree to give the other something valuable (the car or the money) in return. Without a deal, you could face costly and time-consuming litigation that defends your property rights. This anger can be avoided by the fact that each party has reached an agreement that they both approve, while the relationship is strong. While couples who live together are generally considered to establish sexual relations, you cannot use your agreement as a contract specifically for sexual relations.
For example, if you establish a concubine agreement that states that you agree to live with your partner in exchange for regular sex with her, a court will refuse the application of that agreement. The courts consider such agreements, known as “meretricious”, to be similar to prostitution and as such refuse to enforce them. However, when it comes to matters relating to the custody and maintenance of children, the courts always have the final say. If ever a court is asked to make a decision on a custody or child welfare issue, it might agree with the terms you included in your agreement, but it might as well reject them and impose its own judgment. Beyond assets and debt, cohabitation with a partner often involves mixing income, sharing expenses, and a certain degree of common interest and financial responsibilities. While some couples do not intend to share money, others give and take money freely from each other without accounting. Regardless of which camp you fall into, you should discuss your preferences with your partner and include it in your concubine contract. On the other hand, if you want an agreement that contains provisions related to marital maintenance, child custody and maintenance, health care, estate planning and succession, you will need a more complex agreement as well as additional documents and tools. In this situation, the cost may exceed several thousand dollars or more, especially if you include a comprehensive succession plan.
It can be difficult to discuss with your partner the most pessimable scenarios. But don`t be afraid to discuss concubine agreements. Starting the conversation can be the hardest part. A concubine contract may contain a provision about what happens when the couple decides to get married, which could mean that the couple will get a marriage contract or prenup at that time. Although people sometimes use prenups, whether or not they have a lot of assets, these legal documents are most often used to protect a party who marries with money, property, or both. In addition, you would be better protected with a concubine contract that can cover all the financial effects of a separation. While every agreement will be different, you may want to address some of these issues before meeting with a lawyer: creating a concubine agreement usually doesn`t require much time, effort, or money. Even if you and your partner hire lawyers to negotiate and design the deal for you, you can usually do it in a matter of weeks.
If you`re ready to move in with your partner, you need to talk about financial logistics.