Do Unmarried Couples Have the Same Rights as Married Couples in Arizona?

Under Arizona law, unmarried couples are treated essentially as strangers in the event of a breakup or death. This means that, even if you were with your domestic partner for multiple decades, property division could result in you recovering none of your partner’s assets, and child custody disputes are likely to get very messy. There are legal steps that unmarried parents and couples can take to provide themselves with protections that married couples may enjoy without the extra work, such as establishing a power of attorney for health care, drafting a last will and testament, signing a durable power of attorney for financial management, and writing a cohabitation agreement (also known as a domestic partnership agreement).

Unless the couple has deliberately combined their property ownership and debts, each unmarried partner is presumed to be the individual owner of those assets. This is different from married couples in Arizona, who are subject to the state’s community property laws, wherein all property acquired during the marriage is considered joint marital property.

Is Arizona a Common Law Marriage State?

Arizona is not a common-law marriage state.

With that said, Arizona will recognize common law marriages of couples who moved to Arizona from a common law marriage state.

What is an Arizona Cohabitation Agreement?

Cohabitation is legal for unmarried couples living together in a domestic partnership. In fact, statistics show that cohabitation rates in Arizona are on the rise, with an increase of nearly 30% over the past decade.

However, cohabitation does have its many drawbacks, especially those related to property ownership, finances, paternity, and what happens in the event of death.

As unmarried couples do not have the same legal rights and clarity of responsibilities that married couples have, it may be necessary to draft legal documents that establish these matters. Cohabitation agreements allow unmarried couples living together to establish their rights and responsibilities as a domestic partnership. These agreements provide a sense of security and clarity in what can be a legally complicated situation.

Arizona law respects the legitimacy of cohabitation agreements. Revised statutes allow unmarried couples with cohabitation agreements to control property rights and other legal matters.

What Are the Legal Requirements for Valid Cohabitation Agreements?

Cohabitation agreements are legally binding documents in Arizona. There are several factors that contribute to the legal validity of domestic partnership agreements in the state.

These include:

  •         Both parties must have entered into the agreement with mutual consent. Neither party may be forced or coerced into signing a domestic partnership agreement.
  •         Each party must be given proper consideration and receive something of value from the cohabitation agreement. Unfair agreements may be unenforceable.
  •         The agreement must be written in clear and understandable language so that there is no chance of confusion.
  •         The cohabitation agreement must follow Arizona law and order to be considered a valid contract.
  •         The domestic partnership agreement cannot contain language pertaining to illegal activities or illegal intent.
  •         Both consenting parties must fully disclose their financial assets and debts. Hiding assets could be met with harsh consequences and result in the agreement being invalid.
  •         Each party should be given proper time to read and review the domestic partnership contract. If necessary, they may seek professional legal counsel.
  •         The document must be in written form and signed by both parties.

What Should You Include in Your Cohabitation Agreement?

Consider the following contents for your cohabitation agreement:

  •         Clarify whether there will be financial support from one partner to the other in the event of a breakup.
  •         Clearly establish how property division should proceed in the event of a separation.
  •         Establish a responsibility for debts and liabilities.
  •         Provide methods for dispute resolution.
  •         Specify how joint finances will be managed.
  •         The agreement should address legal issues relevant to child support, child custody, and visitation rights.
  •         The cohabitation agreement should provide language on how the document could be amended or revoked.

Does a Cohabitation Agreement Have Any Impact on Child Custody Rights?

Cohabitation agreements in Arizona can address child custody matters and child support arrangements. However, these legal matters are subject to family law court approval, as they must meet the best interests of the child.

Unmarried fathers are not considered to have the same rights as married fathers, at least not by default. Steps can be taken to ensure the father’s rights by adding their name to the birth certificate and signing an acknowledgment of paternity.

What is the Role of a Cohabitation Agreement in the Event of a Relationship Breakup?

Going through a breakup, especially with someone you live with, can be difficult and emotionally taxing. Cohabitation agreements provide clear guidelines on how to divide assets, minimize conflict, and ensure fair treatment between the two partners.

Can LGBTQ Couples in Domestic Partnerships Benefit from Co-Parenting or Cohabitation Agreements?

Arizona law does not provide much legal protection for unmarried gay and lesbian couples who are not the biological parents of their children. By establishing a co-parenting agreement and cohabitation agreement, you can clarify your rights and responsibilities to each other and to your children. These agreements should be considered legally valid today and into tomorrow if you and your partner ever break up.

How Does a Domestic Partnership Agreement Come into Play if One Partner Dies?

If an individual dies without a will, they are considered to have passed away intestate. Under the law, this does not provide their unmarried partner with anything by default. It may be necessary to draft a will and a cohabitation agreement to ensure that your surviving partner receives the assets and protections they deserve after an untimely passing.

What if the Cohabitating Couple Decides to Get Married?

If a couple with a cohabitation agreement elects to get married, their cohabitation agreement does not automatically become a prenuptial agreement. The newly engaged couple will need to draft a new marriage contract that complies with Arizona law for prenups.

Can Domestic Partnership Agreements Be Modified?

So long as both parties agree to the changes, and clear language has been set out establishing how changes should occur, it is entirely possible to modify or otherwise revoke an existing cohabitation agreement.

Schedule Your Initial Consultation with an Experienced Attorney Today

If you’re an unmarried couple considering cohabitating, it may be wise to draft a comprehensive cohabitation agreement. When doing so, both parties should retain independent legal counsel for advice and guidance. Our law firm would be proud to assist you in these matters.

Schedule an in-depth case evaluation with our legal team by contacting us at 480-448-0608.
.