Cohabitation agreement, prenuptial agreement and enduring power of attorney

A cohabitation contract is a written agreement between two people who live together without being married. The contract may contain provisions on the distribution of joint expenses, assets, debts and what will happen to the shared home and assets in the event of a break-up or death.

A prenuptial agreement is a legally binding agreement between spouses that regulates the financial relationship during the marriage and in the event of divorce or death. The prenuptial agreement may contain provisions on separate property, co-ownership and the division of assets and debts.

A power of attorney is a legal document in which a person authorizes another person to make decisions on their behalf if they become unable to do so themselves, for example due to illness or accident. The power of attorney can cover both financial and personal decisions, such as handling assets, bank accounts and choices related to health care.

A cohabitation contract and/or prenuptial agreement gives couples the opportunity to set a clear framework for their financial relationship and property rights. In the event of a breakup or death, such an agreement can prevent conflicts and contribute to a fair and smooth distribution of assets and debts.

Start by talking to each other about what you want and need in an agreement. You may then want to get legal assistance to draw up the document and ensure that it is correct and valid in accordance with applicable laws and regulations. For a marriage contract to be valid, it must be registered in the Register of Marriage Contracts.

Yes, a cohabitation contract, marriage contract or power of attorney can be amended after it has been concluded, as long as all parties involved agree to the changes and the formal requirements for the changes are met. You may want to seek legal advice to ensure that the changes are correct and in line with the applicable laws and regulations.

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