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Cohabitation Agreement

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Cohabitation Agreement



IMPORTANT:

This Agreement is a legally binding document. Please read it carefully and ensure that it includes everything you want and nothing you are not prepared to agree. If you are unsure of your obligations and responsibilities under this Agreement then you are advised to seek independent legal advice before signing.



THIS DEED
is made on ________



PARTIES

(1) ________ of:

________

(the "First Party")

(2) ________ of:

________

(the "Second Party")



THIS DEED PROVIDES:



1. Background

1.1 ________ and ________ intend that this Agreement shall be legally binding on them and their respective personal representatives and estates.

1.2 ________ and ________ are living together and the purpose of this deed is to create legally binding arrangements as to financial and other matters during the course of their cohabitation.

1.3 ________ and ________ have each received independent legal advice prior to the execution of this Agreement.

1.4 ________ and ________ have each acquired all of their separate property as set out in Schedules 1 and 2 to this Agreement independently of and without any contribution from the other.

1.5 The property listed in Schedule 3 belonged either to ________ or ________ immediately prior to this agreement and is now owned by the parties jointly and shall form part of their joint fund (the "Joint Fund").

1.6 ________ and ________ shall wherever necessary procure immediately the formal transfer of all property in the Joint Fund into their joint names.

1.7 ________ and ________ intend that this Agreement shall bind their heirs, receivers, trustees and personal representatives.



2. Assets

2.1 Any property owned solely by one party prior to the date of this deed (whether acquired by purchase, inheritance, gift or otherwise) and any income derived from it shall remain the property of that party regardless of any increase in value and notwithstanding any contribution which either ________ or ________ may make directly or indirectly towards the purchase, maintenance or the improvement of those assets or any future assets purchased individually neither has, nor will, acquire a beneficial interest in the other's assets.

2.2 Any property acquired after the date of this deed by either ________ or ________ (whether acquired by purchase, inheritance, gift or otherwise) and any income derived from it and any increase in its value shall remain the separate property of the acquiring party.

2.3 ________ and ________ shall each have full control of his or her separate real and personal property wherever located and shall continue to have full rights to sell, lease or mortgage or otherwise dispose of such property and receive all income, rent and profits derived from such property without any restriction and without any interference from the other.

2.4 All items of personal use and adornment shall remain the sole property of the party by whom they are used, regardless of the method of acquisition.

2.5 Nothing in this Agreement precludes the acquisition by the parties of assets in joint names, including real property.

2.6 All property acquired jointly after the date of this deed shall be deemed to belong to both parties as beneficial joint tenants, regardless of their respective contributions towards acquisition, unless they provide otherwise in writing and identify their respective shares or interest in such property.



3. The Home

3.1 The home at which the parties will reside is:

________

(hereafter the "home property")



4. Gifts

Any gift from one party to the other shall be deemed to be an absolute gift unless it is expressly given on the condition that it will be returned to the donor on request.



5. Bank Accounts

Each party will maintain a separate bank or building society account and the funds in each such account will remain the separate property of the account holder.



6. Living expenses

6.1 In this deed living expenses shall include, but are not restricted to the following:

mortgage payments;

rent;

endowment policy premiums;

buildings, household and contents insurance;

water and sewerage rates;

gas;

electricity;

telephone;

council tax or any like liability;

television and video rental;

television licence;

food;

household goods;

decorating and repairs;

car maintenance.

6.2 The parties agree that except for any living expenses wholly attributable to one or the other of them, all living expenses shall be shared in proportion to their respective incomes or in such other proportions as they may from time to time agree.

6.3 It is declared that notwithstanding practical arrangements made by the parties as between themselves as to payment of living expenses, nothing in this deed is intended to vary any prior declaration of trust entered into by the parties nor create any beneficial interest in any asset or property in favour of either party unless agreed expressly in writing.



7. Provisions for termination of deed

7.1 This deed shall cease to have effect on the first of the following to occur:

7.1.1 the death of either party;

7.1.2 the parties agreeing that the agreement should be varied or terminated and a deed of variation or termination being executed to that effect;

7.1.3 the parties having lived apart for a continuous period of 4 weeks and one party giving to the other party written notice that this deed shall cease to have effect; or

7.1.4 the expiry of a period of 4 weeks commencing on the date when either party gives written notice of termination to the other party.

7.2 In the event of termination on the grounds set out above the following transitional provisions shall apply:

7.2.1 All goods and chattels jointly owned by the parties will be divided between them in accordance with the parties respective ownership and failing agreement as to the division all such goods and chattels shall be sold and the proceeds of sale divided in accordance with the parties respective ownership.



8. Applicable law and jurisdiction

This Agreement shall be governed by and construed in accordance with the law of England and Wales and further, and in any event, if any application is made to the court pursuant to this Agreement the court of England and Wales shall have jurisdiction at that time, and where the courts of one or more other legal jurisdiction shall also have jurisdiction the parties agree that they intend the courts of England and Wales to deal exclusively with such application.



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10. Severability of clauses

The invalidity or unenforceability of any provision in this Agreement will not affect the validity nor enforceability of any other provision and any invalid or unenforceable provision will be severable.



EXECUTED AS A DEED



SIGNED AS A DEED
by





Signature....................................................


________





in the presence of





Signature....................................................


Name of Witness:....................................................


Address of Witness:....................................................


Occupation of Witness:....................................................





SIGNED AS A DEED by





Signature....................................................


________





in the presence of





Signature....................................................


Name of Witness:....................................................


Address of Witness:....................................................


Occupation of Witness:..................................................





CERTIFICATE OF ADVICE





I,..................of................................certify as follows:

I am a qualified solicitor of the Supreme Court of England and Wales.

Before ________ entered into the cohabitation agreement to which this certificate is annexed, I provided to her independent advice as to the following:

the effect of the agreement on their rights and entitlements;

whether, at the time my advice was given, it was to their advantage financially or otherwise to enter into the agreement;

whether it was prudent for them to enter into the agreement; and

whether in light of such circumstances as were reasonably foreseeable, the provisions of the agreement are fair and reasonable.





I,..................of...............................certify as follows:

I am a qualified solicitor of the Supreme Court of England and Wales.

Before ________ entered into the cohabitation agreement to which this certificate is annexed, I provided to them independent advice as to the following:

the effect of the agreement on their rights and entitlements;

whether, at the time my advice was given, it was to their advantage financially or otherwise to enter into the agreement;

whether it was prudent for them to enter into the agreement; and

whether in light of such circumstances as were reasonably foreseeable, the provisions of the agreement are fair and reasonable.



SCHEDULE 1


________'s Private Property



SCHEDULE 2


________'s Private Property



SCHEDULE 3


Joint Property

See your document in progress

Cohabitation Agreement



IMPORTANT:

This Agreement is a legally binding document. Please read it carefully and ensure that it includes everything you want and nothing you are not prepared to agree. If you are unsure of your obligations and responsibilities under this Agreement then you are advised to seek independent legal advice before signing.



THIS DEED
is made on ________



PARTIES

(1) ________ of:

________

(the "First Party")

(2) ________ of:

________

(the "Second Party")



THIS DEED PROVIDES:



1. Background

1.1 ________ and ________ intend that this Agreement shall be legally binding on them and their respective personal representatives and estates.

1.2 ________ and ________ are living together and the purpose of this deed is to create legally binding arrangements as to financial and other matters during the course of their cohabitation.

1.3 ________ and ________ have each received independent legal advice prior to the execution of this Agreement.

1.4 ________ and ________ have each acquired all of their separate property as set out in Schedules 1 and 2 to this Agreement independently of and without any contribution from the other.

1.5 The property listed in Schedule 3 belonged either to ________ or ________ immediately prior to this agreement and is now owned by the parties jointly and shall form part of their joint fund (the "Joint Fund").

1.6 ________ and ________ shall wherever necessary procure immediately the formal transfer of all property in the Joint Fund into their joint names.

1.7 ________ and ________ intend that this Agreement shall bind their heirs, receivers, trustees and personal representatives.



2. Assets

2.1 Any property owned solely by one party prior to the date of this deed (whether acquired by purchase, inheritance, gift or otherwise) and any income derived from it shall remain the property of that party regardless of any increase in value and notwithstanding any contribution which either ________ or ________ may make directly or indirectly towards the purchase, maintenance or the improvement of those assets or any future assets purchased individually neither has, nor will, acquire a beneficial interest in the other's assets.

2.2 Any property acquired after the date of this deed by either ________ or ________ (whether acquired by purchase, inheritance, gift or otherwise) and any income derived from it and any increase in its value shall remain the separate property of the acquiring party.

2.3 ________ and ________ shall each have full control of his or her separate real and personal property wherever located and shall continue to have full rights to sell, lease or mortgage or otherwise dispose of such property and receive all income, rent and profits derived from such property without any restriction and without any interference from the other.

2.4 All items of personal use and adornment shall remain the sole property of the party by whom they are used, regardless of the method of acquisition.

2.5 Nothing in this Agreement precludes the acquisition by the parties of assets in joint names, including real property.

2.6 All property acquired jointly after the date of this deed shall be deemed to belong to both parties as beneficial joint tenants, regardless of their respective contributions towards acquisition, unless they provide otherwise in writing and identify their respective shares or interest in such property.



3. The Home

3.1 The home at which the parties will reside is:

________

(hereafter the "home property")



4. Gifts

Any gift from one party to the other shall be deemed to be an absolute gift unless it is expressly given on the condition that it will be returned to the donor on request.



5. Bank Accounts

Each party will maintain a separate bank or building society account and the funds in each such account will remain the separate property of the account holder.



6. Living expenses

6.1 In this deed living expenses shall include, but are not restricted to the following:

mortgage payments;

rent;

endowment policy premiums;

buildings, household and contents insurance;

water and sewerage rates;

gas;

electricity;

telephone;

council tax or any like liability;

television and video rental;

television licence;

food;

household goods;

decorating and repairs;

car maintenance.

6.2 The parties agree that except for any living expenses wholly attributable to one or the other of them, all living expenses shall be shared in proportion to their respective incomes or in such other proportions as they may from time to time agree.

6.3 It is declared that notwithstanding practical arrangements made by the parties as between themselves as to payment of living expenses, nothing in this deed is intended to vary any prior declaration of trust entered into by the parties nor create any beneficial interest in any asset or property in favour of either party unless agreed expressly in writing.



7. Provisions for termination of deed

7.1 This deed shall cease to have effect on the first of the following to occur:

7.1.1 the death of either party;

7.1.2 the parties agreeing that the agreement should be varied or terminated and a deed of variation or termination being executed to that effect;

7.1.3 the parties having lived apart for a continuous period of 4 weeks and one party giving to the other party written notice that this deed shall cease to have effect; or

7.1.4 the expiry of a period of 4 weeks commencing on the date when either party gives written notice of termination to the other party.

7.2 In the event of termination on the grounds set out above the following transitional provisions shall apply:

7.2.1 All goods and chattels jointly owned by the parties will be divided between them in accordance with the parties respective ownership and failing agreement as to the division all such goods and chattels shall be sold and the proceeds of sale divided in accordance with the parties respective ownership.



8. Applicable law and jurisdiction

This Agreement shall be governed by and construed in accordance with the law of England and Wales and further, and in any event, if any application is made to the court pursuant to this Agreement the court of England and Wales shall have jurisdiction at that time, and where the courts of one or more other legal jurisdiction shall also have jurisdiction the parties agree that they intend the courts of England and Wales to deal exclusively with such application.



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10. Severability of clauses

The invalidity or unenforceability of any provision in this Agreement will not affect the validity nor enforceability of any other provision and any invalid or unenforceable provision will be severable.



EXECUTED AS A DEED



SIGNED AS A DEED
by





Signature....................................................


________





in the presence of





Signature....................................................


Name of Witness:....................................................


Address of Witness:....................................................


Occupation of Witness:....................................................





SIGNED AS A DEED by





Signature....................................................


________





in the presence of





Signature....................................................


Name of Witness:....................................................


Address of Witness:....................................................


Occupation of Witness:..................................................





CERTIFICATE OF ADVICE





I,..................of................................certify as follows:

I am a qualified solicitor of the Supreme Court of England and Wales.

Before ________ entered into the cohabitation agreement to which this certificate is annexed, I provided to her independent advice as to the following:

the effect of the agreement on their rights and entitlements;

whether, at the time my advice was given, it was to their advantage financially or otherwise to enter into the agreement;

whether it was prudent for them to enter into the agreement; and

whether in light of such circumstances as were reasonably foreseeable, the provisions of the agreement are fair and reasonable.





I,..................of...............................certify as follows:

I am a qualified solicitor of the Supreme Court of England and Wales.

Before ________ entered into the cohabitation agreement to which this certificate is annexed, I provided to them independent advice as to the following:

the effect of the agreement on their rights and entitlements;

whether, at the time my advice was given, it was to their advantage financially or otherwise to enter into the agreement;

whether it was prudent for them to enter into the agreement; and

whether in light of such circumstances as were reasonably foreseeable, the provisions of the agreement are fair and reasonable.



SCHEDULE 1


________'s Private Property



SCHEDULE 2


________'s Private Property



SCHEDULE 3


Joint Property