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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:
AngelicKaty · 17/02/2025 16:37

SleepDeprivedButAlive · 17/02/2025 16:21

I'd ask her to move out. You're perfectly right to not have unprotected sex if you don't want a child together and she's broken her end of the agreement. Obviously you shouldn't have moved her in without it being signed to begin with as it's clearly important to you but now you're going to have to call her bluff or she'll never sign it and you can never move forward together in the way you want.

Read OP's first post - he moved in with her.

NeatBiscuit · 17/02/2025 16:34

Harrumphhhh · 17/02/2025 15:31

What does the agreement state?

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.

OP posts:
Billydavey · 17/02/2025 16:25

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

Yep I’d read that if you can find it and take all the positive advice and agreement that was on it. You won’t get that on this thread as you’re a man.

SleepDeprivedButAlive · 17/02/2025 16:21

I'd ask her to move out. You're perfectly right to not have unprotected sex if you don't want a child together and she's broken her end of the agreement. Obviously you shouldn't have moved her in without it being signed to begin with as it's clearly important to you but now you're going to have to call her bluff or she'll never sign it and you can never move forward together in the way you want.

Drfosters · 17/02/2025 16:17

Surely if you have the greater assets then what does the cohabitation agreement say exactly? At this point you are just 2 completely separate individuals living together and so neither has a claim on each other’s assets.

if you were to buy buy a property you would need a document spelling out what each of you put into the property. If you get married then you might want a prenup just in case.

just struggling to understand the point of the agreement when you don’t have any joint assets

olderbutwiser · 17/02/2025 16:15

Pre-baby, she was being unreasonable.

But if you are planning to share a child with her you are being unreasonable.

You’re going to all the trauma of IVF, but are not prepared to commit to her unless she agrees to an arrangement worse than she’d get if you were married.

TBF, I’d be advising her to rethink that baby as a first priority.

Ponderingwindow · 17/02/2025 15:58

You are at a life stage where child bearing is still a consideration. I wouldn’t agree to a cohabitation or prenup that did not heavily take that into consideration. Have you included generous provisions for her if she gets pregnant with your child? If not, then you are an absolute asshole and she should get away from you as fast as she can. Real men understand the economic and health risks women take when having a baby and don’t have a problem sharing assets because they are trivial in comparison.

SarahAndQuack · 17/02/2025 15:54

StrongasSixpence · 17/02/2025 15:53

Are you in the UK? This would be very unusual and pre nups may be considered by a divorce court but are very much not binding. They also need both parties to have had independent legal advice before signing if they are even to be considered. Sounds like she has only just had a solicitor look at it?

What does the agreement say?

A cohabitation agreement is not a pre nup.

SarahAndQuack · 17/02/2025 15:54

I don't think you are necessarily unreasonable to want a cohabitation agreement - but, if she hasn't signed it yet, surely she hasn't 'changed her mind'? She is still thinking it through, with the help of a lawyer. That is what she is supposed to do. She may not have understood some of the ramifications until she spoke to the lawyer, may she?

I think you are both going at it too fast. Is egg retrieval urgent?

Surely, you both know that freezing unfertilised eggs is much less reliable and effective than freezing embryos. It is, frankly, a totally weird thing to do if you and she expect to be TTC as a couple within a short time frame.

StrongasSixpence · 17/02/2025 15:53

Are you in the UK? This would be very unusual and pre nups may be considered by a divorce court but are very much not binding. They also need both parties to have had independent legal advice before signing if they are even to be considered. Sounds like she has only just had a solicitor look at it?

What does the agreement say?

Achyarms · 17/02/2025 15:51

This whole thing sounds very transactional and not trusting. Lacking in care and love

SarahAndQuack · 17/02/2025 15:50

BruceAndNosh · 17/02/2025 14:47

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

That's normal. If you are doing IVF it is important not to have unprotected sex, because you risk multiple pregnancy.

MounjaroOnMyMind · 17/02/2025 15:48

If you were my son I'd recommend he moved out and lived separately. She sounds manipulative, tbh.

Purplecatshopaholic · 17/02/2025 15:47

She’s changed the goal posts. If this is a dealbreaker for you op, and it sounds like it is, you need to move out. If you both want to continue things on a living-apart basis that sounds like the way to go, or you split up.

Harrumphhhh · 17/02/2025 15:31

What does the agreement state?

HeyIAmGlidingHere · 17/02/2025 15:27

Samung · 17/02/2025 15:11

"I wouldn't have moved in with her if she told me that from the start."
Op moved in with his girlfriend.

D'oh.
It's very simple then OP.
Move out.

ByQuaintAzureWasp · 17/02/2025 15:17

You need to un-cohabit. She appears to be untrustworthy, agreeing, not signing, now saying the deal is off?

Have you purchased a house in both names? If so, Tenants in common on unequal basis or joint tenants?

Sassybooklover · 17/02/2025 15:15

Is the property you are living in, joint names? As in both names on the deeds/mortgage? If the property is in your name and it's only you paying the mortgage, then unless she could prove she was contributing to the mortgage, then again, she would have no claim on your home. If the property is jointly owned, then surely you would have ring-fenced any deposit you contributed at the time of purchase? If jointly owned, she would be entitled to a percentage of the profit, if the property were to be sold. If you marry, a Co-habitation Agreement, becomes void anyhow. Once you marry any assets you bring to the marriage are classed as 'joint assets' if you were to divorce. At the moment you aren't married, she's not legally entitled to any of your assets. You should have insisted the Co-habitation Agreement was signed and witnessed prior to moving in with each other. It seems to me, that your partner has been dragging her heels. I suspect she never wanted the agreement in the first place, and only agreed to it, to keep you happy. If she refuses to sign such an agreement, and you are bringing much more to the table in assets, than she is, I suggest you seek legal advice, if you're worried. There is nothing wrong in wanting to protect yourself financially. It may feel rather unromantic, but in all honesty if money is not her motivation, then signing an agreement shouldn't matter to her. It means you're both protected if the relationship should end.

iamnotalemon · 17/02/2025 15:15

If I had a cohabitation agreement, I wouldn't be letting them move in until it was signed tbh.
Obviously I don't know what the terms are but she's agreed to it and now changed her mind.

Cosyblankets · 17/02/2025 15:13

W0tnow · 17/02/2025 15:12

This makes no sense to me. You’re both intending to fertilise the eggs with your sperm, no?

Maybe she's having some medical treatment that could damage her eggs or something and she wants kids further down the line

Dror · 17/02/2025 15:12

If you're in the UK and want to protect assets, you're best off staying unmarried as prenups are not always binding.

This. Just don't accept any money from her towards your assets and keep her as just a girlfriend.
Marriage is best for the lower earner, or two equals. You want to keep all your assets, so best stay legally single.

W0tnow · 17/02/2025 15:12

NeatBiscuit · 17/02/2025 14:51

She is going through the egg retrieval only part. I am not yet involved in IVF with her but would be if we conceive together.

Edited

This makes no sense to me. You’re both intending to fertilise the eggs with your sperm, no?

Samung · 17/02/2025 15:11

Chillilounger · 17/02/2025 15:10

Where are you based? I thought prenups weren't binding in the UK especially if one party isn't happy about signing (as she doesn't appear to be). She clearly wants kids and you don't seem to be 'there' in terms of commitment so probably best to part ways and let her have a chance at finding someone fully on board.

It isn't a prenup.

Samung · 17/02/2025 15:11

"I wouldn't have moved in with her if she told me that from the start."
Op moved in with his girlfriend.

Chillilounger · 17/02/2025 15:10

Where are you based? I thought prenups weren't binding in the UK especially if one party isn't happy about signing (as she doesn't appear to be). She clearly wants kids and you don't seem to be 'there' in terms of commitment so probably best to part ways and let her have a chance at finding someone fully on board.

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