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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:
gamerchick · 17/02/2025 21:26

This is..... weird. Are you properly minted?

Hwi · 17/02/2025 21:26

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.

Pre-nups and post-nups too.

Patterncarmen · 17/02/2025 21:23

This is supposed to be the fun, honeymoon stage of a relationship, and you are already fratching. Move out and end it already.

paranoiaofpufflings · 17/02/2025 21:21

I couldn't imagine wanting to marry someone - to spend the rest of my life with them - and not want to share everything I have with them. For better or worse, in sickness and in health, for richer or poorer.

The only circumstance I would ever sign a prenup is if I was marrying someone who had existing children and they wanted to somehow ring fence assets for those children.

Otherwise, I would want my new partner to share everything they have with me, and me with them, regardless of who brings the most to the table.

If you can't imagine that, I don't think you should marry and definitely shouldn't have children.

ljhlousnbehm · 17/02/2025 21:17

Why are you, a Canadian man, posting on Mumsnet about this?

Yes, why? The law is quite different surely.

Genevieva · 17/02/2025 21:13

DingDingRound3 · 17/02/2025 21:12

Honestly, you’re only bothered by this as you know as well as we do, this is going nowhere.

Move on.

Presumably she’s having her eggs frozen because she doesn’t trust him.

StormingNorman · 17/02/2025 21:13

The cynic in me thinks she was hoping you’d forget about the cohabitation agreement, or you’d get swept up in romance and decide not to proceed with it. She’s throwing her toys out the pram now because you are asking her to adhere to the original plan.

Genevieva · 17/02/2025 21:12

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

‘During that time’. You are so naïve. The vast majority of women take a lifelong hit in their earning potential by having children. It’s not just maternity leave, or even the knock-on impact of going part time for several years. It’s being the one who drops everything for sickness and medical appointments. That stunts promotion opportunities. I don’t know a single family where these responsibilities are shared evenly, because then you will both take a negative career hit. You are as naïve as you are heartless.

DingDingRound3 · 17/02/2025 21:12

Honestly, you’re only bothered by this as you know as well as we do, this is going nowhere.

Move on.

Isthisit22 · 17/02/2025 21:09

God this sounds like the most joyless relationship ever. Just split up and put yourselves out of your misery.

Dumbledoresniece · 17/02/2025 21:08

If your relatively short relationship has been so difficult, why do you think you’re compatible enough to get married and have children? It doesn’t sound like you are.

If you were to move out, would that essentially mean the end of your relationship? And is that really a bad thing? Or could you move out and get the space you need to really reconsider your relationship and where it should go?

If you go ahead with your relationship and this agreement, your agreement is unfair in the event of children. Your partner needs to get her own lawyer to help her negotiate for (1) your living circumstances now, whilst unmarried and with no children (will assume no children before marriage), (2) finances together after marriage, (3) life upon and after pregnancy/children, (4) the event of divorce with no children or with all children above a certain age (e.g. 18), and (5) the event of divorce with children under 18 or some other similar age.

Genevieva · 17/02/2025 21:06

NeatBiscuit · 17/02/2025 20:04

It would be long first post if I included more information and it is easy to form a conclusion without knowing the complete picture. However, we have had a tumultuous year while living together with both highs and extreme lows. We have also been in therapy for the majority of the year. She even broke up with me three times while living together.

I simply want a stable, loving and peaceful relationship while knowing that if we grow apart and separate, I can still retire at a modest age. I don't want the devastation of losing my partner/family, financial assets, and be forced to work longer.

I can see how some are perceiving me as selfish but I simply want to protect what I have worked hard for. Not to mention the great risks that I have taken to get here.

I'm also open to building clauses into the agreement that would account for time spent taking care of children -- even though that will be a joint responsibility. We mutually fed into the agreement along with the terms.

Your sentiments go against the very purpose of marriage. Marriage was created to provide women and children with security. Women are still more likely to make more career sacrifices than men in raising their children and, when parents separate, they are more likely to be the main carer. So, the age-old truth that mothers are more vulnerable than fathers and deserve the protections that marriage affords remains true. If you go into a marriage with one eye on protecting you as an individual then you don’t mean the vows you are making. And that means you don’t deserve to be with her because she deserves to be treated like an equal partner in a shared life together, not as a temporary fixture to bare your children.

Glitterbiscuits · 17/02/2025 21:06

Love..? Fun? Friendship? Support? Attraction?Shared interests and values?

This relationship is a non starter.

ReadingSoManyThreads · 17/02/2025 21:03

This relationship is a car crash. You need to break up. You were right to wear a condom.

WeightLoss2025 · 17/02/2025 21:00

@Naunet and she's expecting him to trust her despite the fact that she has reneged on the agreement, and quite possibly is trying to get pregnant without his express agreement.

The relationship sounds like a mess and should just come to an end. No way would I put myself through 12 months of therapy with someone who has gone back on an agreement, possibly tried to get pregnant without my agreement and broken up with me 3 times in the space of 18months.

coldcallerbaiter · 17/02/2025 20:59

I think the gf is trying to push op in to tearing up the agreement. OP should stand firm.

Everything pre marriage should be ring fenced. All inheritance too. The rest 50/50. If the gf wins the lottery before marriage or inherits from a long lost relative, too bad for op too - works both ways.

Wish we had a solid system for this in the UK.

OP needs Canada specific advice.

Women are the ones with the ticking bio clock. OP can have children at a later time with someone else anyway.

JHound · 17/02/2025 20:57

NeatBiscuit · 17/02/2025 17:04

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.

An incentive to divorce you…..?

My redpill alert started screaming.

Naunet · 17/02/2025 20:55

WeightLoss2025 · 17/02/2025 20:49

OP has already stated that he would support his GF in the event of having children in a number of different ways. Has said that he is happy to pay more towards their life together. Has said that he is happy to amend terms in the contract/agreement. All of these things would point to him being more than happy to support if they have children, if there is illness etc.

The issue here is his GF will not even discuss it. He has taken a pragmatic approach to forming a partnership, something many more people should do before entering into a marriage. How would their lives work out if she can't even discuss finances and put what she wants on the table at this early stage?

She sounds like a bit of a nut, OP is being very sensible and I genuinely think he should leave the relationship and find someone who is willing to have a grown up conversation with him at the minimum.

Saying he will isn't good enough, he's expecting her to trust him when he doesn't trust her.

Ph3 · 17/02/2025 20:53

WeightLoss2025 · 17/02/2025 20:49

OP has already stated that he would support his GF in the event of having children in a number of different ways. Has said that he is happy to pay more towards their life together. Has said that he is happy to amend terms in the contract/agreement. All of these things would point to him being more than happy to support if they have children, if there is illness etc.

The issue here is his GF will not even discuss it. He has taken a pragmatic approach to forming a partnership, something many more people should do before entering into a marriage. How would their lives work out if she can't even discuss finances and put what she wants on the table at this early stage?

She sounds like a bit of a nut, OP is being very sensible and I genuinely think he should leave the relationship and find someone who is willing to have a grown up conversation with him at the minimum.

I agree that he should leave the relationship 100%. But we only have one side of the story here. He said he’s happy to support her, contribute more but according to him that hasn’t been put in the agreement? So he doesn’t trust her enough to want to marry her before she signs but she must take his word?

Im not sure that I believe how flexible he has been if I’m honest otherwise unless she’s a complete nut case why would she not want to discuss it? I think she doesn’t trust him and by the sounds of it he doesn’t trust her.

but of course this is pure speculation as I only have half of a curated story - I wouldn’t sign that if I was in her shoes and would walk away.

edited to say: and the problem is not really about supporting her if she has children the problem is her career will take a hit if she has children he walks away living his best life and she walks away with less income…

JHound · 17/02/2025 20:53

WeightLoss2025 · 17/02/2025 20:49

OP has already stated that he would support his GF in the event of having children in a number of different ways. Has said that he is happy to pay more towards their life together. Has said that he is happy to amend terms in the contract/agreement. All of these things would point to him being more than happy to support if they have children, if there is illness etc.

The issue here is his GF will not even discuss it. He has taken a pragmatic approach to forming a partnership, something many more people should do before entering into a marriage. How would their lives work out if she can't even discuss finances and put what she wants on the table at this early stage?

She sounds like a bit of a nut, OP is being very sensible and I genuinely think he should leave the relationship and find someone who is willing to have a grown up conversation with him at the minimum.

It’s not about supporting her during the marriage if she has children. If the marriage ends she is still screwed. Specifically is she takes anytime out to support the family.

JHound · 17/02/2025 20:52

Also NetBiscuit two further points of confusion:

  1. Are you in England? Because if so not sure I understand the need for a cohabitation agreement given there is no such thing as common law marriage - your assets are naturally protected.

  2. Pre-nups aren’t legally binding (they can be but can be set aside if deemed unfair

  3. I understand the rationale that each leaves the marriage with what they came in (should you separate) with any mutually accrued assets / profit split. However does this mean you commit to doing 50% of all domestic labour, emotional labour and childcare to enable her to maintain her career and thus her source of income / so she is not financially penalised by the marriage.

WeightLoss2025 · 17/02/2025 20:49

Ph3 · 17/02/2025 20:37

@WeightLoss2025 the agreement is not fair at all. It doesn’t prepare for illness or children. How is the agreement fair in your opinion? And whilst marriage might be a legal contract the relationship that underpins the marriage is far from it and if it’s not treated that what before marriage there is no point imo to enter in the legal contract that is marriage.

OP has already stated that he would support his GF in the event of having children in a number of different ways. Has said that he is happy to pay more towards their life together. Has said that he is happy to amend terms in the contract/agreement. All of these things would point to him being more than happy to support if they have children, if there is illness etc.

The issue here is his GF will not even discuss it. He has taken a pragmatic approach to forming a partnership, something many more people should do before entering into a marriage. How would their lives work out if she can't even discuss finances and put what she wants on the table at this early stage?

She sounds like a bit of a nut, OP is being very sensible and I genuinely think he should leave the relationship and find someone who is willing to have a grown up conversation with him at the minimum.

Usernamexyz1 · 17/02/2025 20:47

@NeatBiscuit have you considered ending this relationship and walking away? or do you think this is the best you can get, provided agreement is signed? what's pushing you to settle 'with just anyone' at this stage of your life?

Naunet · 17/02/2025 20:45

I think it's fine you want to protect your assets, but at the same time, then you can't expect a woman to have a child with you and put herself at a disadvantage. I'm curious, are you this militant about housework and childcare being 50/50? How would you feel if she wanted to charge you for growing and birthing the baby, say 50% of the cost of surrogacy?

Marshbird · 17/02/2025 20:41

NeatBiscuit · 17/02/2025 14:56

A cohabitation agreement turns into a marriage contract upon getting married. It is essentially the same as a prenup.

Do you understand marriage law?
have you read up on what happens at divorce?
In England and wales (if that’s where you are posting form) all divorce settlements are based on “future needs” and law around “fair settlement “
sure, if there’s enough to go around a court may uphold a pre nup….but if there isn’t , or you have kids , it’ll be ignored.
even if it is upheld, a court may determine that other assets, like pensions, under pension sharing agreement, are leveredge to meet fair settlement

I suggest you re think having a relationship with may women who wants children . You don’t seek to want to committ any sense of shared wealth and assets. You realise thst men have a lot of advantages and privaledges thst women don’t once kids come along. Never mind loosing 1 year of work, it is about perception of working mums. The gender pay gap exists for a reason. There is an even worse pension gender gaps. Did you know that 75% of tax relief on pensions goes to men. That overwhelmingly it is women having to claim pension credit.

ifvyoure not married, you don’t need a cohabit agreement. Be tenets in common if you own house together. Job done. If you want to get married annd or have kids, then get yourself better informed and realise marriage is a legal and finanacial partnership. In my marriage we both had period when we weren’t working full time or at all: maternity, redundancy, and finally long term sick where my husband didn’t work for last 15 years of our marriage. Our wealth (and periods of poverty) were just that “ours” not his or mine. And after 30 years of marriage, when we did divorce, we did so sensislbly, quickly and painlessly knowing the reality of laws around divorce and fair settlement

ifvyou can stand to be a team where financial merger is concnered, stop pissing her around with threats, and certainly don’t ever marry anyone . Do your partner a favour to tell her that now, so she can tell you to piss off now and she has chance, whilst she has time, to make a family with a husband that does realise that is what marriage is.

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