[WSBAPT] Cohabitation Agreement - Level of Detail on Financials?

[Stephen A. Brandli]

While I am unaware of any cases that test this point, I would think enforceability would rest in part on the nature of the relationship.  If the relationship could be considered a CIR, then the agreement would be held to the same standard as a pre/post-nuptial.  See In re G.W.-F., 170 Wn. App. 631 (2012).  Otherwise, I believe it would be held to the same standard as any contract.  Of course, the nature of the relationship would be determined at the end, not the beginning.  So failure to disclose assets could be problematic despite the intent at the beginning of the relationship to have a relationship less like a marriage.

 

                Steve 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Thomas Hackett
Sent: Thursday, August 29, 2019 4:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Cohabitation Agreement - Level of Detail on Financials?

 

Hey Colleagues-

 

When you prepare cohabitation agreements, I'm curious how much detail you provide regarding financial situations of each party. I represent the wealthier person in the relationship, and that person would rather not disclose all income and assets. How do you think this will impact the effectiveness of the cohabitation agreement?

 

My thought is that you aren't required to provide the same level of details as you do in a pre-nup or post-nup, but haven't found authority on point. 

 

Thanks in advance for insight.








Thomas A. Hackett


Attorney


 <http://nwlegacylaw.com/> nwlegacylaw.com | 360-975-7770

	

 

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