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Partner changed their mind on cohabitation agreement

314 replies

NeatBiscuit · 17/02/2025 14:45

My partner and I have been living together for 1.5 years. Prior to moving in together, we agreed to have a cohabitation agreement drafted by a lawyer because of our disparity in assets. While the agreement has been drafted, it has not been signed yet and it is therefore not legally binding.

I have politely and periodically reminded my partner about the agreement throughout the course of living with her. I told her that I would not "take the next step" with her in our relationship until we officialize the agreement. This is in terms of buying a home, getting married, having children, etc.

On Valentine's Day, we tried to be intimate together. The intimacy stopped when I wanted to use a condom. I wanted to use one because she is off birth control due to IVF/egg retrieval. Although the risk of pregancy is low due to ovulation cycles, it is still a possibility. Since then, she has reflected on that moment and has been thoroughly upset at me. She was upset that my decision for wanting to use a condom was driven by the unsigned agreement.

She told me that I put finances ahead of everything else. She also said that she has been working on reading the agreement and contacting her lawyer about it. While she has been doing that, I don't know where she stands with the terms in the agreement because we have yet to discuss it together.

Last night and while she was upset, she told me that she won't be signing it anymore. She said that she initially wanted to sign one as a "gift" to me but now thinks I don't trust her.

I feel mislead and betrayed. I wouldn't have moved in with her if she told me that from the start. Also, I've been extremely patient with her all this time. I was never pushy about the subject. I only brought it up when it came to the big, life altering decisions.

OP posts:
DeepFatFried · 17/02/2025 17:29

OK, since you are both well off, I think ring fencing your assets is fair.

Except that there should be specific reference to what happens if one partner takes time out of work / career for child rearing. I would want to see that as a ‘break clause’ in the agreement.

One way and another communication, understanding and mutual support seems to have failed.

Instead of throwing up your hands declaring ‘I’d never have lived with you…’ ask her kindly and calmly what it is that is bothering her. Not what her solicitor / your solicitor blah blah says… what is it that in her heart of hearts is upsetting her.

And really listen.

And think what you really want. What is most important to you? Her? Your savings? A home in which you can raise a child?

Is she storing eggs as an insurance policy against you breaking up?

If so it seems like you are both hedging your bets in different ways in this relationship. That’s politics, not love and team-for-life stuff.

DrinkFeckArseBrick · 17/02/2025 17:23

I'd potentially sign that if it was just us two. However what if one of you gets ill and can't work? It kind of negates the point of a partnership for me if the other person is like 'sorry you're ill love, but please use all your savings to continue to pay your share of the bills, while I keep building my assets'

It all changes when you have kids though. Presumably you both work fairly long hours in high pressure jobs if you're high earners. Are you expecting to get a nanny and both work full time? If not and you want your child to actually see a parent for some quality time in the week, I'd expect both of you to take equal hits to careers (eg both work 4 days) or to be financially compensated if I was concentrating more on home stuff. You can't be 50 50 in that situation without significant detriment to the person who does more childcare

MarkingBad · 17/02/2025 17:19

No one should be involved in your decision over your personal reporductive rights, no one. Frankly if a BF was still upset with me 3 days later for me wanting to use contraception would be given the heave ho.

I think you are very sensible to consider ring fencing your financial positions too and not cold. You can't allow people to trample over you, if she can't accept that then neither of you are suitable for each other. Time for you both to move on and stop wasting time with each other.

snowlady4 · 17/02/2025 17:18

NeatBiscuit · 17/02/2025 16:34

It stipulates that in the event of separation/divorce:

  • My money is mine to keep and hers is hers to keep
  • We keep our money separate and the future growth and accumulation of the money is tied to the individual
  • Family inheritances/gifts are tied to the individual
  • if one person spends more money on a home purchase, they would be entitled to recover that money when the house sells (I.e. if we buy a 1M home and I pay 600k but she pays 400k, we would each receive our original investment)
  • Home sale profits are shared evenly (50/50)
  • We are both waiving spousal support
  • Pensions are kept separate

I would also add that we both have secure, six figure salaries in senior positions. She even makes about 10k more annually. However, I have 10x the savings from a prior business.

Edited

Does she want to sign it? If so, why is it not signed already?
I wouldn't sign it, wouldn't marry you and definitely wouldn't have sex with you!
Are you both sure that this is a relationship that is serving you both? Do you definitely want to continue together?

Toddlerteaplease · 17/02/2025 17:17

BruceAndNosh · 17/02/2025 14:47

You're having IVF but you used a condom in case she got pregnant?

That was my first thought.

Teenybub · 17/02/2025 17:15

I wouldn’t sign it. I also wouldn’t divorce for a payout if I was happy. If I took maternity and my career took a hit and my partners didn’t, I would expect this to be evened out through pension etc.

sweetpickle2 · 17/02/2025 17:12

Ph3 · 17/02/2025 17:08

I am going to be blunt. I wouldn’t marry you, conceive with you and be asking you to move out.

This.

Livelaughlurgy · 17/02/2025 17:10

I think the biggest incentive for divorce is not being married to the person. Most people don't get divorced for the payout, they might stay married for finances though.

Spirallingdownwards · 17/02/2025 17:09

DurhamDurham · 17/02/2025 17:08

It's great to be organised and protect your assets, honest open conversations and making plans together is healthy. However you sound so cold talking about it, like it's a financial transaction.

It is a financial transaction at the point where you aren't married.

Spirallingdownwards · 17/02/2025 17:09

NeatBiscuit · 17/02/2025 17:07

I'm in Canada.

It may have been better explaining that at the outset as the majority of comments are based on the position in English law.

DurhamDurham · 17/02/2025 17:08

It's great to be organised and protect your assets, honest open conversations and making plans together is healthy. However you sound so cold talking about it, like it's a financial transaction.

Ph3 · 17/02/2025 17:08

NeatBiscuit · 17/02/2025 16:34

It stipulates that in the event of separation/divorce:

  • My money is mine to keep and hers is hers to keep
  • We keep our money separate and the future growth and accumulation of the money is tied to the individual
  • Family inheritances/gifts are tied to the individual
  • if one person spends more money on a home purchase, they would be entitled to recover that money when the house sells (I.e. if we buy a 1M home and I pay 600k but she pays 400k, we would each receive our original investment)
  • Home sale profits are shared evenly (50/50)
  • We are both waiving spousal support
  • Pensions are kept separate

I would also add that we both have secure, six figure salaries in senior positions. She even makes about 10k more annually. However, I have 10x the savings from a prior business.

Edited

I am going to be blunt. I wouldn’t marry you, conceive with you and be asking you to move out.

NeatBiscuit · 17/02/2025 17:07

Spirallingdownwards · 17/02/2025 17:01

Are you in the UK?

I'm in Canada.

OP posts:
NeatBiscuit · 17/02/2025 17:04

AngelicKaty · 17/02/2025 16:42

So, if she now won't sign the agreement is that a deal-breaker for you? If so, you need to move out to your own place. Then you both need to decide if you want to continue with any kind of relationship.
I'm still confused as to why you didn't ensure she signed the co-habitation agreement before you moved in with her?

Yes it would be a deal breaker and she is aware of that. We have talked about marriage and I don't want there to be an incentive for her to divorce me. I also have no issues contributing more finacially to our future potential home and family.

OP posts:
Drfosters · 17/02/2025 17:04

NeatBiscuit · 17/02/2025 16:58

I would support her during that time. We both plan on taking leave if we have children. I'm also open to amending terms in the contract to make it as fair as possible. It seems that we can't have a civil conversation about it without her getting upset at me.

Edited

I’m sorry but even if you amend the terms of if I were her I wouldn’t sign it. I don’t blame her for getting upset.

if my DH had presented that to me I’d have thrown it back at him in a crumpled ball. Protect the assets you own already absolutely but anything past the date of marriage the presumption will always be 50:50 regardless of what the piece of paper says. In the UK prenups may have a little weight depending on circumstances and length of marriage but not binding anyway. You need to rethink what you think marriage is.

this is entirely different to a cohabitation agreement which are used when 2 parties who are not married buy a place together and so sets out how the equity should be divided should you split.

BettyBardMacDonald · 17/02/2025 17:02

Whatevershallidowithmylife · 17/02/2025 15:05

There was a similar thread a few weeks ago but it was the woman in your position. General consensus was to ensure her finances were ring fenced and not to take the risk. Its not a nice position for either party to be in but sometimes that's just the way life is. 1.5 years isn't a long relationship either and you don't have to explain to anyone why you want to wear a condom!

Edited

This.

I would seriously rethink the relationship. She is questioning your autonomy and boundaries at every turn.

Spirallingdownwards · 17/02/2025 17:01

NeatBiscuit · 17/02/2025 16:58

I would support her during that time. We both plan on taking leave if we have children. I'm also open to amending terms in the contract to make it as fair as possible. It seems that we can't have a civil conversation about it without her getting upset at me.

Edited

Are you in the UK?

NeatBiscuit · 17/02/2025 16:58

Semiramide · 17/02/2025 16:51

What about the financial hit she is likely to take if she has children with you?

I would support her during that time. We both plan on taking leave if we have children. I'm also open to amending terms in the contract to make it as fair as possible. It seems that we can't have a civil conversation about it without her getting upset at me.

OP posts:
Semiramide · 17/02/2025 16:51

NeatBiscuit · 17/02/2025 16:34

It stipulates that in the event of separation/divorce:

  • My money is mine to keep and hers is hers to keep
  • We keep our money separate and the future growth and accumulation of the money is tied to the individual
  • Family inheritances/gifts are tied to the individual
  • if one person spends more money on a home purchase, they would be entitled to recover that money when the house sells (I.e. if we buy a 1M home and I pay 600k but she pays 400k, we would each receive our original investment)
  • Home sale profits are shared evenly (50/50)
  • We are both waiving spousal support
  • Pensions are kept separate

I would also add that we both have secure, six figure salaries in senior positions. She even makes about 10k more annually. However, I have 10x the savings from a prior business.

Edited

What about the financial hit she is likely to take if she has children with you?

Drfosters · 17/02/2025 16:51

I don’t think that would stand up as a prenup in any situation in the UK.

you can’t override the 50:50 presumption. You can however try and protect assets you have brought into the marriage which in my mind is fair enough, particularly when getting married past 30.

but quite frankly I wouldn’t sign that. Once married it is 50:50. My DH earns more but I work less and do more child related activities and housework. We work as a team as that is what we are. any inheritances/windfalls go into the pot as we are a family!

I don’t think you are ready for what marriage and children entails. You stop being individuals the second you sign the paper. But that is ok. You aren’t committed and it is perfectly reasonable for you to walk away now. But honestly no one will agree to that!

AngelicKaty · 17/02/2025 16:42

NeatBiscuit · 17/02/2025 16:34

It stipulates that in the event of separation/divorce:

  • My money is mine to keep and hers is hers to keep
  • We keep our money separate and the future growth and accumulation of the money is tied to the individual
  • Family inheritances/gifts are tied to the individual
  • if one person spends more money on a home purchase, they would be entitled to recover that money when the house sells (I.e. if we buy a 1M home and I pay 600k but she pays 400k, we would each receive our original investment)
  • Home sale profits are shared evenly (50/50)
  • We are both waiving spousal support
  • Pensions are kept separate

I would also add that we both have secure, six figure salaries in senior positions. She even makes about 10k more annually. However, I have 10x the savings from a prior business.

Edited

So, if she now won't sign the agreement is that a deal-breaker for you? If so, you need to move out to your own place. Then you both need to decide if you want to continue with any kind of relationship.
I'm still confused as to why you didn't ensure she signed the co-habitation agreement before you moved in with her?

Harrumphhhh · 17/02/2025 16:41

NeatBiscuit · 17/02/2025 16:34

It stipulates that in the event of separation/divorce:

  • My money is mine to keep and hers is hers to keep
  • We keep our money separate and the future growth and accumulation of the money is tied to the individual
  • Family inheritances/gifts are tied to the individual
  • if one person spends more money on a home purchase, they would be entitled to recover that money when the house sells (I.e. if we buy a 1M home and I pay 600k but she pays 400k, we would each receive our original investment)
  • Home sale profits are shared evenly (50/50)
  • We are both waiving spousal support
  • Pensions are kept separate

I would also add that we both have secure, six figure salaries in senior positions. She even makes about 10k more annually. However, I have 10x the savings from a prior business.

Edited

That all sounds reasonable as two single people who are not intending to have children, but would be pretty rubbish for someone who had to take maternity leaves etc.

ritasuebobtoo · 17/02/2025 16:41

Hmmm I’m not sure this is a relationship you should both be pinning your futures on..

NeatBiscuit · 17/02/2025 16:41

I also want to clarify that we are renting a home together. My apologies since that wasn't clear in my original post. Neither of us owns real estate at this time.

OP posts:
IkeaJesusChrist · 17/02/2025 16:40

I'd move back out.

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