A property agreement between common-law couples
יול 25
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Modernization led to social changes, among them the phenomenon of common law couples that is expanding and becoming assimilated into the contemporary norm. The relationship of the common law couples raises many significant questions. The existence of a written agreement between common law couples, can form a basis for the commitment between the parties, both in relation to the presumption of sharing between them, and in relation to restorative alimony, in case of separation.
Usually couples in common law anchor themselves in a financial agreement in an attempt to imitate the financial agreement before the marriage. In the event of a separation and in the absence of a written financial agreement between the spouses, the spouse requesting rights to the assets registered in the other spouse's name must prove with evidence and a significant burden of proof that the presumption of sharing does exist under the circumstances, and that accordingly he is entitled to the rights in the other party's assets.
Remember, before signing any property agreement you must consult a lawyer, these agreements have a big impact on your future and your family.
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Maya Kedem, lawyer and mediator