What is a Virginia co-habitation agreement and is it the same thing as a prenuptial agreement?

Posted on Mar 4, 2011 by Katie Carter

A co-habitation agreement is a legal document that unmarried couples can use to outline both partners’ rights and responsibilities during the relationship and/or in the event that the relationship ends.
In many ways, a co-habitation agreement is similar to a prenuptial agreement, which would come into play during the course of a Virginia divorce. It helps the couple prepare for whatever might lie ahead in their relationship, and helps prevent one partner from taking unfair advantage of the other.

Why a co-habitation agreement?

When you and a partner are living together, the two of you will be sharing space and possessions. This arrangement can lead to disagreements during the relationship and complications when the partnership ends.

Married couples have Virginia divorce law to help them sort out division of property and other vital issues during their breakup, but when two people who are simply living together go their separate ways, they can find themselves facing difficult questions with few easy answers.

Co-habitation agreements can help make a break-up go more smoothly. It can also save you money. Litigation can be expensive, and having a legal document that lays out your mutual decisions can be a big help.

It’s a good idea to execute a co-habitation agreement before you and your partner begin living together, that way, if you like, you can add details like division of labor and other conditions of your co-habitation.

If you have a co-habitation agreement and are going to enter into a marriage, talk to a Virginia family law attorney about whether you will seek a prenuptial agreement. Likewise, if you are married with a prenuptial agreement and are seriously considering a Virginia divorce, a Virginia family law attorney can talk to you about your options for financial security.

Contacting a Virginia Family Law Attorney

If your relationship has progressed to the point where you believe that a Virginia divorce is the right answer, you’ll naturally have a lot of questions specific to your circumstances. Get your questions answered by requesting one of our FREE divorce guides for women, or reserving your seat at our monthly divorce seminar – 757-210-9870.


The Virginia family law attorney team at Hofheimer Family Law Firm are committed to fighting for your rights, assisting in child custody disputes, and advocating that you receive everything you are entitled to and need in order to start your new life.