Living Together Contracts - Cooling Off Clauses

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What Is a Cooling Off Clause?

For as much as you may enjoy the company of your living partner, there are times when you are simply not getting along. A cooling off clause is designed for just those times. In the event that either or both parties is having problems coping with the relationship, cooling off clauses provide a written record of what types of action you have agreed upon to take should such a situation arise. Some courts will insist on enforcing a cooling off clause before issuing a divorce decree.

Why Is a Cooling Off Clause Important in a Living Together Contract?

A cooling off clause is important in a living together contact because it acts to protect the interests of both parties. As opposed to having one party take off with all the valuables, cooling off clauses contractually bind one to a certain course of action. These clauses give both parties to the contract peace of mind, a sense of security regarding the permanency of the relationship, and a sense of security regarding their belongings.

Writing a Cooling Off Clause

There is no set standard for cooling off clauses. Ultimately, the choice will be up to you (and perhaps your lawyers) as to how you write a cooling off clause. Different living partners have different ways of addressing different issues, but on the whole a few generalized approaches have worked: 

How Long Does a Cooling Off Clause Last?

The length of a cooling off period differs between the contract, state requirements, and other factors, such as whether young children are involved. State requirements can vary from a few days to six months.

Are Cooling Off Clauses Enforceable against the Other Party?

The answer to this question depends on how the contract and more particularly the cooling off clause is written. If the contract is very loose and does not pay attention to detail or standard contract form, then the clause is probably not enforceable. Oral contracts, for these reasons, are not likely to be enforced.  On the other hand if the contract is detailed and written in proper form, then the clause may be enforceable. 

Do I Need a Lawyer to Help Me Write a Cooling Off Clause?

Having a strong contract is important, and you will want to consult a family lawyer experienced in writing contracts. Paying the lawyer to help you in the end is always worth the price to have peace of mind.

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Last Modified: 06-26-2014 04:51 PM PDT

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