An Agreement to Remain Unmarried Is Valid Void Voidable Enforceable

An agreement to remain unmarried is a unique legal concept that has garnered significant attention in recent years. While some couples may choose to avoid the legalities of marriage, others may opt for this type of agreement to protect their assets or maintain independence. It is important to understand the legal implications of such an agreement, as its validity can vary depending on certain factors.

Validity of an Agreement to Remain Unmarried

An agreement to remain unmarried is a voluntary contract between two individuals who have chosen to live together but not legally marry. In most cases, these agreements are created to protect the assets and financial interests of both parties. However, the validity of such an agreement is not always clear-cut.

In general, an agreement to remain unmarried is considered valid if it meets certain legal requirements. These requirements may vary depending on the jurisdiction in which the parties reside. In order for the agreement to be valid, it must be entered into voluntarily, with both parties fully understanding and consenting to its terms. Additionally, the agreement should be in writing and signed by both parties.

Void, Voidable, and Enforceable Agreements

Once an agreement to remain unmarried has been created, it can be classified as one of three types: void, voidable, or enforceable.

A void agreement is one that is considered invalid from the beginning. This might occur if the agreement is created under duress or coercion or if it violates public policy. In such cases, the agreement is deemed unenforceable by a court.

A voidable agreement, on the other hand, is considered valid until it is challenged by one of the parties. This might occur if one of the parties was not mentally competent or was under the influence of drugs or alcohol at the time the agreement was signed. In such cases, the aggrieved party can seek to have the agreement voided by a court.

Finally, an enforceable agreement is considered valid and legally binding. This type of agreement is typically created with the assistance of legal professionals to ensure that it meets all legal requirements. In general, an enforceable agreement to remain unmarried should be specific in its terms and cover all the relevant financial and property issues.


An agreement to remain unmarried can provide a level of protection and independence for couples who choose to live together without marrying. However, it is important to understand the legal implications of such an agreement and ensure that it meets all necessary legal requirements. Doing so can help ensure its validity and enforceability in the event of any disputes or challenges in the future.