Cohabitation agreements (also known as nonmarital agreements) are similar to prenuptial agreements for couples who are planning to marry—but cohabitation agreements are for people who are living together and having a sexual relationship without being married. These agreements address issues that may arise during the relationship (payment of rent and other expenses, household chores)—and issues that may arise if the cohabitation relationship ends (ownership and division of home or other property, support).
In Arkansas, cohabitation agreements, while not specifically governed by a distinct set of statutes as prenuptial agreements are, can still be legally binding contracts between individuals who live together but are not married. These agreements can outline the financial and property rights of each party during the cohabitation and in the event the relationship ends. The enforceability of such agreements is subject to general contract law principles, meaning the agreement must be entered into voluntarily by both parties, with full disclosure and without duress or undue influence. It is advisable for each party to have their own attorney review the agreement to ensure that it is fair and complies with Arkansas law. If a cohabitation relationship ends, the courts may refer to the cohabitation agreement when determining the division of property and other related matters, provided the agreement is deemed valid and enforceable.