Engagement
Congratulations on this step forward in your relationship! The legal ramifications of a committed relationship who are not yet married are generally far from a newly engaged couples mind, however, this should not be the case.
Whether you have been together one year, two years or more (or less!), engagement signifies your dedication to spend your lives together. Finances, property and children are topic of increasing importance during your engagement.
In the event of an emergency, when you are married, access to your partner’s critical medical information is protected by the California Probate Code. California Probate Code Section 4716(a) states, “If a patient lacks the capacity to make a health care decision, the patient's domestic partner shall have the same authority as a spouse has to make a health care decision for his or her incapacitated spouse.” However, prior to marriage or domestic partnership, your significant other will not be allowed access to your health information or be able to speak with doctors about your condition in the event of a traumatic event or if you have become incapacitated. This is why it is so important an Advanced Healthcare Directive, HIPAA Releases and Durable Power of Attorney at this phase of your relationship. While you are completely committed to each other, you are not legally protected during this sensitive time.
If you are not already living together, important questions of where you will live and the financial consequences of that decision arise. Deciding whether to rent, living together in a house one partner already owns or purchase a new residence creates a whole new set of questions to answer together. Who pays the rent or mortgage? What happens if someone decides to vacate before the end of the lease? How will the bills be split? A cohabitation agreement can set your relationship up for success by having these discussions ahead of time before leading to needless conflict.
This is also the time when you should begin considering whether you would like a prenuptial agreement drafted. A valid prenuptial agreement enables you and your future spouse to decide how your affairs and assets will be settled and divided in the event of a separation or divorce. Your lawyer will work with you to draft a custom prenuptial agreement for your unique situation.
Own a Home? A Trust is an important part of your plan
The main advantage of making a living trust is to spare your family the expense and delay of probate court proceedings after your death. A good Trust means no court dates, avoiding statutory attorney’s fees and years in probate court and increased privacy for your children. Your loved ones can immediately take control of your estate.
Durable Power of Attorney
Power of attorney (POA) is a document that grants a specific person, called an agent, the authority to make important decisions on behalf of another person, called the principal. If you become incapacitated and don't have a general durable power of attorney, your family may have to go to court and have you declared incompetent before they can take care of your finances for you. So it's a good idea to have one in place—just in case.
Advanced Healthcare Directive and HIPAA Releases
An advance directive also allows you to express your values and desires related to end-of-life care. You might think of it as a living document—one that you can adjust as your situation changes because of new information or a change in your health.
Cohabitation Agreement
A Cohabitation Agreement is a legally binding contract put in place that both you and your significant other agree upon and sign, before living together. It is used to protect both partners in a relationship and avoid as much conflict as possible.
A Cohabitation Agreement might detail how household expenses will be divided. If there are children, there might be specifics about how a couple will divide childcare responsibilities and costs. If you own property with your partner, the agreement also can outline what happens to the property if you break up–who will purchase the other’s interest, for how much, and who will move out and when,