Legal Question in Family Law in Washington
Non-marital cohabitational agreement
Both my significant other and myself (58 & 60) want to agree in writing that we will not disclose information to each other on our financial interests and do not have any rights or interest in each other's financial interests should our personal partnership dissolve or should one or both pass away. We have a washington cohabitational agreement we were signing that requires full disclosure of financials.
Can't we agree in writing, using legal counsel if necessary, to this nondisclosure of assets so that it would hold up in court if disputed? We keep everything separate (bank accounts, homes, stocks, etc.) and do not present ourselves as married. Would this agreement also be legal with our children if we had both passed away together? We have only lived with each other a few months, and there is a great discrepancy in our net worth and have no children together. Is it safer legally to (1) live without a cohabitational agreement for awhile, (2) have a signed agreement (either the entire agreement or a shorter version) where we do not disclose fully (which might not hold up in court) or (3) disclose fully all financials to the other party (which we are both very much against) in the event the relationship would break up.
1 Answer from Attorneys
Re: Non-marital cohabitational agreement
What you need is an agreement that is carefully tailored for your circumstances. Was your agreement written for you personally, or did you purchase it "off the rack"?
It isn't so much about non disclosure as it is about maintaining separate property. If it is separate, neither of you has any right to know the other's net worth.
Hope this helps. Elizabeth Powell
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