Although the Wilcox Court does not use this term, it is clear that unmarried roommates do not have the « confidential relationship » that married partners have and therefore do not have the same protection. Same-sex cohabitation contracts are based on the same basis as heterosexual couple contracts.  Thus: (1) In the design phase, the proponent of an agreement may be wise to prevent himself from seeking as aggressive terms as possible – until the future jurisprudence is not as favourable and that (2) the opponent (or at least the non-partisan) may be wise to accept conditions assuming that they will be independent of changing circumstances. The Court could not find such a ground and set aside the decision of the estate court as it granted maintenance payments to the wife. Here there was no physical or mental deterioration of the woman. She was self-sufficient during a period of separation prior to her marriage. The woman has a marital home valued at $1,275,000 and received $525,000 in cash. She was allowed to keep a large amount of the contents of the matrimonial home, including jewellery acquired since the marriage for a value of $US 74,000. Given the property granted to her, we cannot say that the agreement leaves the woman without ownership or support.
The statute, MGL c.209, No. 25, has been interpreted to authorize, among other things, those who set the obligations of married persons in the event of the end of a marriage by the death of a party. In fact, such agreements were dated to the 16th century england and were sufficiently rooted in popular culture to have been mentioned in William Shakespeare`s plays.  Prenuptial chords are not lollypops. These are extremely serious agreements that can build into the coffers of the financial rights and obligations of a marriage. Money, finance and security are a very important part of marriage. That`s why I`ve always been very careful in the development of marriage contracts.