top of page
Writer's pictureleadindia400
Dec 74 min read

Are There Legal Risks In Entering Into A Live-In Relationship Without A Formal Agreement?

More Recently In The Context Of India, There Is Cohabitation Or So-Called Live-In Relationships, Which Seem To Be More Important Than Marriage, As It Allows The People To Share A Life With Each Other Without The Format, The Obligations, And All Those Ceremonies Under What Traditional Marriage Expects. Such Relationship Shows The Evolving Norms Of A Society Towards Self-Determination, It Leads To A Number Of Creating Complications, Both Socially And Legally. The Most Troubling Concern Would Be A Lack Of Formalized Contract Leaving The Partners Open To Innumerable Legal Risks.

Live-In Relationships


  • A Cohabitation Or Live-In Relationship Refers To An Arrangement Where A Pair Live Together In A Domestic Setting But Remain Unmarried Legally; On The Basis Of Live-In Relationships. 

  • This Idea Has Been Accepted In Cities, But In Formal Or Rural Areas, It Has Remained Primarily Unacceptable And It Has Been Still Not Considered By Local Authorities As Well Because There Is Unawareness Related To Live In Relationship Or Laws Related To Article 19 Which Protects The Couple Above 18 Years Of Age. 

  • Most Lawyers Chose To Explore The Law's Recognition Of The Live-In Relationships In India Through The View Of Its Evolving Development, Which Is Predominantly Through Interpretation By Windfall Rather Than Special Statutes.

Live-In Relationships: Legal Status In India


Pivotal Role Of The Indian Courts In Shaping The Legal Movement On Live-In Relationships. The Indian Legal Framework Does Not Legally Recognize Or Regulate Live-In Relationships. However, These Relationships Have Been Clarified By Some Significant Judgments Of The Supreme Court And High Courts:


  • Rights Under Article 21: The "Right To Life" And "Personal Liberty" As They Relate To Article 21 Of The Indian Constitution Are Also Believed To Include Live-In Partnerships.  

  • Domestic Violence Act, 2005: It Extends The Ambit Of The Protection Of Women From Domestic Violence Act (Pwdva) For Protection To Women In Live-In Relationships In A Manner Similar To Wives In The Event Of Domestic Violence.

  • Legitimacy Of Children: According To The Supreme Court, Children Born Into Cohabitation Are Legally Recognized And Eligible To Inherit From Both Parents.

  • Cohabitation Married: Cohabitation Has The Same Effect As Marriage; If It Is Somewhat Similar To A Marriage And Goes On For A Long Period, Then It Could Be Considered Or Presumed To Be "Deemed Marriage" In Particular Circumstances With All The Rights Enjoyed In An Actual Marriage.


Legal Risks Of Live-In Relationships Without Formal Agreements

Lack Of Clarity On Financial Rights And Obligations:


  • It Happens To Be True That Many Finances In Live-In Relationships Are Informal In Terms Of Mutual Understanding. 

  • Such Arrangements Often Lead To Conflicts Over Financial Contributions, Investments Made As Partners, Or Expenses To Be Shared In The Absence Of A Written Agreement. 

  • Without Legal Backing Or Support, An Individual Will Struggle To Prove So As To Get Either An Award For Contributions Made Or Claims To Assets Acquired Mutually With The Other Partner.


Limited Inheritance Rights:


  • In Terms Of Inheritance Rights, They Are Not So Comprehensive In The Scope Of Live-In Relationships As In A Formal Marriage. 

  • Children Born Of Such Unions Indeed Have All The Inheritance Rights, But The Surviving Partner Does Not Automatically Inherit His Or Her Deceased Partner's Property Unless Stated By Will.


Custodial And Parental Disputes:


  • Indeed, Indian Courts Have Recognized The Validity Of Offsprings Born Out Of Live-In Relationships, But Custody And Parental Rights Are Contentious.

  • In The Absence Of Any Formal Agreement Specifying The Distribution Of Parental Responsibilities, Issues On Parenting, Education, Or Custody Of Children Could Possibly Become Heated And Discontented.


Vulnerability To Domestic Violence Allegations:


  • Women In Live-In Relationships are Shielded From Domestic Abuse By The Pwdva. However, If There Is No Formal Contract, It Raises Problems In Proving Cohabitation, Especially If The Relationship Is Short Or Informal. 

  • On The Other Hand, One Of The Partners May Misuse This Provision And Make False Allegations.


No Automatic Alimony Or Maintenance Rights:


  • Without The Court's Intervention To Grant Alimony To Spouses For Maintenance On Separation, Both Husband And Wife Would Live Under The Illusion That They Are Tied But Their Union Would Be Entirely Delinked From The Reality Of Existing Life, As Neither Would Have Legal Recourse In Such A Case. 

  • Courts Do Award Maintenance Sometimes In Favour Of Women In Live-In Relationships, But It Is Decided On A Case-By-Case Basis Because The General Understanding Is That Marriage Normally Sanctifies Such Association. 

  • In The Absence Of Formal Documentations, One Of The Partners Might Suffer Financial Insecurity Post-Separation.


Social And Familial Backlash:


  • Although It Is Not Exactly A Legal Issue, The Social Stigma And The Opposition From Families Could Reach A Level Where It Can All Rise To A Legal Battle As Soon As It Happens In A Conservative Setting. 

  • The Family Would Contest The Validity Of The Relationship Or Would Intervene In Property Disputes And Child Custody Matters.


Key Provisions In A Live-In Relationship Agreement


  • Financial Responsibilities: State Clearly Each Partner's Financial Duty To The Household, Such As Contributions To Savings, Investment, And Household Expenses.

  • Property Ownership: State The Ownership And Usage Rights Over Properties Acquired Jointly.

  • Parental Duties: Define Parental Responsibilities As Regards Custody, Education, And Upbringing Of Children.

  • Dispute Resolution: Where, In The Event Of A Dispute Arising, The Parties Choose Mediation Or Arbitration To Resolve The Matter Amicably.

  • Termination Clauses: Termination Terms, Financial Settlements, And Division Of Properties.


One Can Talk To A Lawyer From Lead India For Any Kind Of Legal Support. In India, Free Legal Advice Online Can Be Obtained At Lead India. Along With Receiving Free Legal Advice Online, One Can Also Ask Questions To The Experts Online Free Through Lead India.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

1 view

Comments

bottom of page