Recent studies show that “shotgun weddings” are becoming less popular as cultural norms become more progressive. Rather than marrying due to a pregnancy, couples are moving in together, not marrying, and raising the child as a family. However, when a couple lives together out of wedlock, they are not afforded the same rights and benefits as married couples. There are ways to protect against this, and couples should consider their options, just in case the relationship ever turns sour.
First, if the couple has a child together, they should discuss how to co-parent the child. If it appears that the couple can agree on how to raise and co-parent the child, then the couple should not need to take any further action. However, if it appears that there are some significant differences, then the couple may want to consider filing a Complaint to Establish Paternity or a Complaint for Support-Custody-Visitation to establish an order with the Probate and Family Court regarding custody, parenting time, and child support. Otherwise, if there is a disagreement, and there is no court order, Massachusetts law states that the mother of a child born out of wedlock is presumed to have sole legal and physical custody of the child, and thus is the sole person with the legal right to make decisions regarding the child.
Cohabitating couples should also consider other issues, like apportionment of payment of living expenses, jointly owned assets, joint debts, amongst other issues. Because unmarried cohabitating couples do not have the protections and benefits of married couples, they also cannot obtain relief from the Probate and Family Court if disputes arise regarding these issues. To protect against this, cohabitating couples should consider entering into cohabitation agreements. Cohabitation agreements are not unlike prenuptial agreements. Cohabitation agreements are contracts that outline the rights and protections of each person in the relationship. Like prenuptial agreements, they can determine how to apportion payment of living expenses, what to do with jointly owned property in the event of a break-up, how to apportion payment of debt, as well as other issues. Cohabitation agreements give couples certainty and protection in the event the relationship does not work out.
However, it is important to note that cohabitation agreements are not enforced through family law, like prenuptial agreements, postnuptial agreements, and separation agreements are. Rather, cohabitation agreements are enforced based upon contract law. That means any dispute regarding the agreement would be submitted to the District Court or Superior Court, and not the Probate and Family Court. But much like prenuptial agreements and postnuptial agreements, cohabitation agreements must be fair and reasonable at the time of execution, and at the time they are reviewed by the court.
Since the law does not afford cohabitating couples the same rights and benefits married couples are afforded, cohabitation agreements give some predictability to couples, and also protect the couple in the event of a breakup.
Source: Boston.com, As cohabitation gains favor, shotgun weddings fade, Hope Yen, January 14, 2014.
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