Legal Considerations for Cohabiting Couples with Children: Insights from Miss Gloria James

When couples intend to live together and raise a child, it's essential to understand the potential legal issues that can arise if the relationship breaks down. While cohabitation is becoming more common, Singaporean law does not provide specific protections for cohabiting couples.

There are important steps that parties should consider to safeguard their interests. Since there are no laws governing cohabitation in Singapore, we typically advise couples in this situation to consider the following agreements:

Partnership Agreement

This agreement is particularly useful if the couple plans to purchase property together. It outlines the civil liabilities and responsibilities of each party, ensuring clarity on ownership and financial contributions.

Parenting Agreement

A parenting agreement is crucial when children are involved. This document can outline key provisions regarding custody, care, control, and access to the child, as well as child maintenance. In Singapore, courts generally favor joint custody, allowing both parents to have an equal say in major decisions concerning their child.

Key points to include in a parenting agreement may cover:

• Custody, care, and control arrangements for the child
• Maintenance payments for the child
• Citizenship or residency status of the child, especially if they are on a Dependant’s Pass or later a Student Pass
• The child’s religion and education plans
• Living and future arrangements, especially if relocation by one parent is a possibility
• How holidays will be split between the parents, particularly if international travel to visit relatives is involved
• Provisions for preventing one parent from relocating the child to their home country without agreement
• Specific clauses to protect a child with disabilities or special needs for life

In situations where cohabitation and raising a child are being considered, having well-drafted agreements in place can provide much-needed clarity and protection for both parties.

We provide tailored advice to ensure that your agreements—whether it's a partnership or parenting agreement—are comprehensive and in line with your needs. Our team will work closely with you to draft legally sound documents that protect your rights and the best interests of your child.

Whether you are negotiating terms or dealing with a dispute, we are here to guide you through each step of the process with practical solutions and dedicated support.

Read more: Legal Implications of Cohabitation / De facto Relationships in Singapore