Family structures are changing. In fact, according to the Statistics on Marriages and Divorces by the Singapore Department of Statistics, in 2023, new marriages in Singapore have fallen by 3.7% while divorces and annulments have risen by 0.2%.
Many couples are choosing to live together while forgoing traditional marriage. Unlike other jurisdictions where common law or de facto relationships are recognized, Singapore does not offer the same legal protections for cohabiting unwed couples, resulting in many legal uncertainties revolving around such informal cohabitation arrangements. Any potential disputes may only be resolved through agreement between the couple or by the Courts through application of existing legal principles that may not be in line with the couple’s intentions or wishes.
As long-term cohabitation becomes increasingly accepted as a viable alternative to traditional marriage, it is crucial for couples embarking on this journey to set their own ground rules through a Cohabitation Agreement. While often overlooked, this is an important safeguard which clarifies responsibilities and protects both cohabitants’ interests.
Features of a Cohabitation Agreement
A Cohabitation Agreement can bring much needed clarity to each party’s financial obligations towards each other, amidst fluctuating incomes, intangible contributions towards the other party’s business and the challenge of affording private property since unwed couples are not able to purchase public housing.
- Clear Financial Responsibilities: Couples can outline how to share household expenses, manage debts and address assets acquired together, ensuring transparency and reducing potential conflicts.
- Alignment of Shared Values: The agreement can reflect the couple’s shared values and life goals, aligning on important decisions such as children or purchase of real estate together.
- Exit Plan: In the event of a breakup, couples can also agree on their exit plan before bitterness and resentment derails such plans.
These terms will help unwed couples establish a solid foundation to navigate their future together while minimizing misunderstandings.
Estate Planning
While cohabitation is often viewed as a simpler alternative to marriage, it poses complicated trust law issues where one party dies without a Will in place. Under Singapore’s intestacy laws, an unmarried cohabitant is not entitled to any inheritance from the deceased partner’s estate. In such a predicament, the surviving partner may face significant legal hurdles and may need to engage lengthy legal processes to stake his/her claim to shared assets that may have been jointly paid for, or to receiving inheritance that would have otherwise been made readily to a married partner. Coupled together with other estate planning tools such a Will and Lasting Power of Attorney, a Cohabitation Agreement can be a useful tool to clarify asset distribution, reducing potential conflicts after a cohabitant’s death.
Legal Recognition and Implications
In the absence of legally enshrined rights for cohabitants, cohabitation agreements serve as a valuable documentation of the couple’s intentions in legal disputes.
Family Violence and Maintenance Claims
Cohabitants do not fall under the definition of a “family member” under Section 64 of the Women’s Charter 1961. Unfortunately, this means that a cohabitant does not have any recourse to lodge a family violence claim or a spousal maintenance claim against his/her partner and only has recourse to general harassment remedies under the Protection from Harassment Act.
Immigration
The lack of marital status also means that cohabitants will not receive the same immigration benefits afforded to married couples, such as eligibility for a dependent pass.
In an era where couples increasingly choose alternative living arrangements aside from traditional marriage, a Cohabitation Agreement lays the groundwork for a successful partnership. It encourages open communication and mutual respect between partners, helping to ensure a secure and fulfilling life together.
If you or someone you know is in a cohabitation relationship and would like to ensure your rights and responsibilities are clearly defined, please schedule a Consultation with our lawyers today.
