Make Foreign Cohabitation Contracts Work In U.S. Courts
Learn how U.S. courts analyze cohabitation contracts signed abroad, so you can predict what parts are likely to be enforced and which clauses may fail when a relationship ends inside the United States.
Picture this: you and your partner lived together in another country, signed a carefully drafted cohabitation
contract, built a life, then moved to a U.S. state for work or study. Years later, the relationship ends—and suddenly
that foreign agreement becomes crucial for property, support and even who keeps the dog. Will a court in your new
state actually enforce what you signed overseas? The answer is: sometimes yes, sometimes no, depending on what
the contract says, how it was executed and which state you are in.
Core ideas: what a cohabitation contract is and why U.S. states care
From “palimony” to modern cohabitation agreements
A cohabitation contract is an agreement between unmarried partners who live together. It typically covers:
- How to share or separate property and debts acquired while living together.
- How day-to-day expenses, rent and bills are divided.
- What happens to joint purchases like cars, furniture or pets.
- In some cases, whether one partner will pay support if the relationship ends.
Many U.S. states will enforce such agreements as ordinary contracts between adults, as long as they are not based
solely on sexual services and do not conflict with public policy. When the contract was signed abroad, courts have to
combine regular contract analysis with conflict-of-laws rules to decide which law applies and whether the agreement
fits local standards.
Three stacked boxes: “Foreign law and execution” → “Choice-of-law / jurisdiction clause” → “Receiving state’s public
policy filter”.
Why the place of execution still matters
A contract signed abroad is usually governed by:
- The law chosen in the agreement (choice-of-law clause), or
- If there is no clause, the law with the closest connection—often the place where the contract was executed and
performed.
When the couple later moves to a U.S. state, a local court may try to respect the foreign law while still applying
its own public-policy limits. That means a clause valid in Country A might be narrowed or disregarded in State B if it
clashes with non-waivable family-law protections.
How U.S. states typically review foreign cohabitation contracts
Step 1 – Was the agreement voluntarily and properly executed?
The starting point is procedural fairness. Courts often look for:
- Voluntary consent, without coercion, fraud or significant pressure.
- Opportunity to seek independent legal advice for each partner, especially if the agreement is detailed or has
major financial consequences. - Compliance with any formalities required abroad (for example, notarial acts, witness signatures or registration).
If the foreign agreement appears one-sided and was signed quickly before a move, a U.S. judge may scrutinize it more
closely and be open to limiting its effect.
Step 2 – Is the subject matter allowed as a contract in that state?
Even if the contract is valid where it was executed, a U.S. state will ask whether the agreement covers topics that
can legally be contracted under its own law. Typical lines include:
- Most states allow property-sharing clauses between unmarried partners.
- Some are cautious with clauses resembling spousal support (“palimony”), especially if there was no marriage or
civil partnership. - Clauses that try to pre-decide issues like child custody or child support are often unenforceable, because those
questions are decided under the “best interests of the child” standard. - Any agreement based mainly on illicit consideration (for example, paying only for sexual companionship) will
generally be void.
Bars comparing “Property division = often enforceable”, “Expense sharing = often enforceable”, “Support payments =
varies by state”, “Parenting terms = heavily restricted”.
Step 3 – Conflict-of-laws: which law governs interpretation?
Many international cohabitation contracts expressly say which law governs (“This agreement shall be governed by the
law of Country X”). When the couple later ends the relationship in a U.S. state, a local court will typically:
- Apply the chosen foreign law to interpret the contract, so long as that law does not offend strong public policy.
- Apply its own procedural law and remedies (what kind of judgment it can issue, local rules of evidence, etc.).
If there is no choice-of-law clause, the judge may use connecting factors—where the couple mainly lived when they
signed, where their property is located, where the relationship was centered—to select the governing law.
Practical applications: how enforceability plays out in real scenarios
Scenario 1 – Foreign cohabitation agreement focused on property only
A couple living in Europe signs a contract stating that any property acquired during cohabitation will be owned in
fixed shares (for example, 60/40) regardless of whose name is on the title. They later move to a U.S. state and buy a
house in one partner’s name. After separation, the non-titled partner relies on the foreign contract.
In many U.S. states, a court may be willing to enforce the property-sharing clause as a straightforward contract,
particularly if:
- The agreement is written and signed.
- Each partner knew what they were agreeing to.
- There is no clear conflict with local public policy.
The judge might order a sale of the property or a compensatory payment to reflect the agreed 60/40 split.
Scenario 2 – Foreign agreement with broad lifetime support promises
Another couple signs a contract abroad in which one partner promises to support the other “for life” if they ever
separate, regardless of circumstances. After moving to a U.S. state, they separate within a few years. The supporting
partner argues that the clause is excessive and inconsistent with local policy on post-separation support.
A U.S. court might:
- Enforce the clause within reasonable limits, adjusting amount and duration to fit state standards.
- Or refuse to enforce it if it clearly contradicts non-waivable rules or is considered unconscionable in light of
the parties’ situation.
This scenario shows why foreign support clauses often face the most resistance when imported into U.S. litigation.
Common mistakes with foreign cohabitation contracts in U.S. disputes
- Assuming a contract valid abroad will automatically be enforced the same way in every U.S. state.
- Failing to include a clear choice-of-law and jurisdiction clause in the original agreement.
- Blending property and parenting terms in one document, making parts of the contract vulnerable to being struck down.
- Not translating or explaining the foreign agreement properly to lawyers and courts in the United States.
- Relying on vague lifetime support promises that look unfair or impossible to perform in the new jurisdiction.
- Waiting until litigation starts to gather proof of how the contract was drafted, signed and performed abroad.
Conclusion: plan with both jurisdictions in mind from the start
Cohabitation contracts executed abroad can provide real protection when a relationship ends in the United States, but
enforcement is never automatic. U.S. courts will examine how the agreement was made, which law governs it and whether
any clause conflicts with local public policy—especially around support and children.
The safest path is to treat the foreign contract as the first layer of planning and, once relocation to a U.S. state
is on the horizon, seek advice from counsel familiar with both legal systems. A short legal review and, if
necessary, an updated agreement tailored to the new state can be the difference between a contract that actually
works and one that collapses just when you most need it.
Quick guide: foreign cohabitation contracts in U.S. states
Use this left-aligned quick guide as a checklist when you bring a cohabitation contract signed abroad into a U.S. dispute.
- 1. Collect the full signed agreement: obtain the complete contract, any annexes and proof of signatures, notarization or registration abroad.
- 2. Secure an accurate translation: have the document professionally translated into English, preferably with a certified translator used to legal documents.
- 3. Identify governing law and jurisdiction clauses: highlight any provisions choosing the law or courts of a specific foreign country.
- 4. Separate property, support and parenting terms: map which clauses address property, which deal with support and which touch children or custody.
- 5. Check state public-policy limits: compare key provisions with the rules of the U.S. state where you now live, especially on support and children.
- 6. Gather evidence of fairness and process: collect emails, drafts and notes showing voluntary consent, opportunity for legal advice and financial disclosure.
- 7. Consider a state-specific addendum: ask local counsel whether to sign a short confirming agreement tailored to the current state’s contract and family-law rules.
FAQ – Cohabitation contracts executed abroad: enforceability in U.S. states
Will a U.S. court automatically enforce my foreign cohabitation contract?
No. U.S. courts usually respect contracts made abroad, but they first check whether the agreement was voluntary,
what law governs it and whether any provision conflicts with the public policy of the state where the dispute is heard.
Does it matter which law the foreign contract says will apply?
Yes. A clear choice-of-law clause is often a starting point. Many courts apply the chosen foreign law to interpret
the contract, unless doing so would violate strong local policies, especially around support or children.
Can a foreign cohabitation contract decide child custody or child support?
Usually not. Even if parents tried to predetermine custody or child support in a contract, U.S. courts decide those
questions based on the child’s best interests and statutory guidelines, not on private agreements made in another country.
Are property-sharing clauses from a foreign agreement more likely to be enforced?
Often yes. Many states treat property-division clauses between unmarried partners as ordinary contracts, provided they
are clearly drafted, not unconscionable and not based on an unlawful exchange or purely sexual services.
What if the contract was signed quickly, without lawyers, before we moved?
Lack of legal advice by itself does not automatically void the agreement, but it can make a court more skeptical about
fairness and informed consent, especially if the terms heavily favor one partner or waive significant rights.
Do I need a certified translation of the foreign agreement?
In practice, yes. Judges and lawyers need to understand the exact wording. A certified translation reduces disputes
about meaning and helps the court apply the chosen law or evaluate whether the contract fits local standards.
Should we sign a new agreement after moving to the United States?
In many situations, having a short, state-specific agreement that confirms or updates the foreign contract can be
helpful. Local counsel can align language with state law, clarify property and support expectations and reduce future uncertainty.
Legal framework and key reference points
The enforceability of cohabitation contracts executed abroad is shaped by a mix of contract law, conflict-of-laws
principles and family-law public policy in the receiving U.S. state. While details differ across jurisdictions, several
reference points are commonly considered.
-
General contract principles:
rules on offer, acceptance, consideration, capacity and fraud govern whether an agreement between adults is
valid, voluntary and enforceable as a contract, regardless of marital status. -
Recognition of foreign contracts:
doctrines that encourage courts to respect contracts made abroad, particularly when they were properly executed
under foreign law and involve parties who relied on that legal framework. -
Choice-of-law and conflict-of-laws rules:
methods used by courts to decide which jurisdiction’s substantive law applies, based on express clauses, the
most significant relationship to the contract or other connecting factors. -
Public-policy limitations in family law:
boundaries that prevent enforcement of provisions seen as contrary to the state’s fundamental policies—such as
attempts to waive child support, predetermine custody or create obligations viewed as unconscionable. -
State-specific treatment of cohabitation and “palimony” claims:
local precedents and statutes that address whether unmarried partners may contract for support or property division
and what level of formality or disclosure is required. -
Procedural rules and available remedies:
provisions that define how a claim must be filed, which court has jurisdiction, the types of evidence that can be
used and what remedies (damages, specific performance, declaratory relief) are available. -
International family-law and comity considerations:
principles that encourage respect for legitimate foreign arrangements while still allowing courts to refuse
enforcement where essential local values would be compromised.
These reference points guide judges and practitioners when deciding how far a foreign cohabitation contract should
be honored and which clauses must be narrowed or set aside in a U.S. proceeding.
Final considerations
Cohabitation contracts signed abroad can be powerful tools for managing expectations about property and finances when
couples later move to the United States, but their effect is never guaranteed. Differences between legal systems,
variations among U.S. states and strong family-law policies mean that some clauses may survive intact, some may be
adjusted and others may be ignored.
Anyone relying on a foreign agreement in a U.S. separation or estate context should plan ahead: gather documents,
obtain a reliable translation, analyze governing-law clauses and seek early advice from lawyers familiar with both
the foreign system and the U.S. state involved.
This material is for general informational and educational purposes only and does not constitute legal advice.
It cannot replace a tailored opinion from a qualified attorney. For decisions about drafting, updating or enforcing
a cohabitation contract executed abroad, consult a licensed lawyer in the relevant U.S. state (and, when needed, in
the foreign jurisdiction) who can review your documents, your relationship history and the applicable law in detail.