Cohabiting Partners

Although cohabitation has existed in its modern sense since the middle of the 16^th century, it has in the last two decades become exponentially popular, being the fastest growing form of relationship among young adults worldwide; perhaps due to the fact that many couples tend to slide into this form of relationship without necessarily giving it the same consideration as would be due a more formal arrangement. Though the relative elements of spontaneity, practicality and convenience initially may make this form of relationship appealing, tacit agreements within this informal framework do not safeguard the rights and obligations that many couples in other forms of relationships may take as a given: In Austria, for example, should this form of relationship dissolve, the Austrian Family Court would not be responsible for settling the personal matters and finances involved; disputes would instead be settled as if the parties involved were strangers to each other. Strangers? you may ask. Stranger things have been known to happen in the course of law… Which is why should the midsummer night’s dream end, you would not want a rude awakening.

Should you be considering, or within this form of relationship, it is imperative that (unspoken) consensus not be confused or conflated with commitment, the informal contextual framework of this relationship does not provide legal answers to questions such as:

• What will happen if a partner falls ill or dies during cohabitation?
• Who gets to keep our home (lease) and who must move out when cohabitation ends?
• Who will keep which property should multiple properties have been our home during cohabitation, if cohabitation ends?
• If cohabitation ends, what happens to our children?
• Who owns which household items when cohabitation ends?
• If cohabitation ends, what will happen to our shared savings or joint loans?
• If we built a house on land that was gifted to us: who has what rights if cohabitation ends?
• What does the law say about who gets the pets if cohabitation ends?
• What cross-border implications could play which role should cohabitation end?

With twenty years of experience, a profound knowledge of and practical insight as an Attorney-at-Law practising exclusively in family law, Dr Nademleinsky would recommend concluding a partnership agreement to prevent these questions from arising in the first place. Dr. Nademleinsky could assist you with his expertise and experience in concluding contracts for cohabitation covering, but not limited to, the following important areas:

• Sharing living expenses relevant to cohabitation
• Working or investing in your partner's business(es) relevant to cohabitation
• Custody agreements relevant to cohabitation
• Maintenance agreements relevant to cohabitation
• Right of residence in the shared home(s) relevant to cohabitation
• Powers of attorney relevant to cohabitation
• Gifts given or shared relevant to cohabitation

Attorney-at-Law Dr Nademleinsky will be happy to assist you with his expertise in drafting such an agreement should he be available, alternately, should your cohabitation be at an end and if you have not yet found a suitable solution, Dr Nademleinsky would support you both in and out of court to achieve the best possible outcome. If you would like to contact Dr Nademleinsky's law firm, you will find all the necessary information here.