The Massachusetts SJC determined in 1998 that they were subject to a rule as a contract law and it has to be in writing. If the parties eventually marry, it is no longer valid and it would deal with post-nuptial agreements or therefore separation agreements.

If children are involved, Cohabitation Agreements which were not dealt with in 1998 case, it would not be enforced if they did not follow the children’s best interest. It is important to recognize that couples do not have the same legal protection as married couples, and if there is a dispute about it being enforced, it is not divorce law that would be the basis of contract law and it is not the same standards as a divorce agreement.