THIS COHABITATION AGREEMENT (the "Agreement") is made and entered into on this ________ day of ________________, ________.
BETWEEN:
_________
of _________
- AND -
_________
of _________
BACKGROUND
A. This Agreement is entered into by _________ and _________ (referred to collectively as the "Parties" and individually as a "Party"), both currently residing in a non-marital cohabitation arrangement, without any present intention to marry.
B. The Parties commenced or are expected to commence their non-marital cohabitation around the ________ day of ________________, ________.
C. The Parties wish to enter into this Agreement to establish guidelines for the status, ownership, and division of property between them. This includes any future property owned or to be acquired by either or both of them.
D. The Parties also seek to define their respective rights and liabilities arising from this relationship.
E. The Parties acknowledge that disagreements may arise between them. They therefore agree that the division of any property owned by either or both of them shall be governed by this Agreement and, to the extent permitted by statute or case law, intend to exclude the application of any relevant statutory provisions.
F. Each Party has instructed their own solicitor and received independent legal advice regarding the terms of this Agreement.
G. The Parties confirm that neither is acting under duress or undue influence from the other and that they are entering into this Agreement voluntarily.
H. The Parties have satisfactorily disclosed to each other all assets and liabilities that each party may have.
NOW THEREFORE, in anticipation of the forthcoming cohabitation and in consideration of the mutual promises and covenants outlined in this Agreement, the Parties hereby agree as follows:
OWNERSHIP OF PROPERTY
1) The Parties agree that this Agreement will determine the ownership of the property upon the death of a party or if the Parties separate.
2) All jointly acquired property, will be treated as shared property (the "Shared Property") and remain the property of both Parties.
3) Except as otherwise provided in this Agreement, all property will be treated as owned exclusively by either one of the Parties (the "Separate Ownership"), except where:
a. It is Joint Ownership; or
b. There is proof of joint legal ownership.
4) Nothing contained in this Agreement shall preclude the Parties from making gifts to the other during their lifetime, at their death, or for benefit of the other party.
5) Unless a Party can reasonably show that they exclusively own a piece of property, where either Party commingles jointly owned property with Separate Ownership, any commingled property will be presumed to be Joint Ownership.
DEBTS
6) The Parties acknowledge that this Agreement shall determine the responsibility of any debt that may occur upon the death of a party or if the Parties separate.
7) All debts jointly acquired, whenever acquired, will be treated as joint debts (the "Joint Debts") shall be the joint and several responsibility of both Parties.
8) Except as stated elsewhere in this Agreement, all debts shall be considered the sole responsibility of the Party who incurred them (the "Separate Debts"), except where:
a. If there is a Joint Debt and is subject to joint and several responsibility; or
b. If there is proof of joint legal liability between the Parties.
9) The Parties mutually agree that any investment of time or labour in relation to each other’s property, or otherwise, shall be deemed a gratuitous contribution unless a written agreement states otherwise.
10) The Parties confirm their intention to permanently release one another from any present or future claims for maintenance, regardless of any change in circumstances. They agree not to seek maintenance under any current or future legislation and waive any right to pursue such claims, relying instead on the terms of this Agreement as governed by contract law.
11) The Parties acknowledge that their financial circumstances may change in the future due to factors such as health, cost of living, employment, marital status, relationship breakdown, or other reasons. However, no such changes shall entitle either Party to claim support under any legislation. Each Party understands that this Agreement represents a final and binding resolution of all maintenance matters between them.
ESTATES AND WILL ARRANGEMENTS
12) This Agreement shall not limit or affect any rights that each Party may acquire as a cohabitant concerning the property, assets, or estate of the other cohabitant.
13) This Agreement does not prohibit either Party from designating the other as a beneficiary through a will or any other testamentary disposition.
SEVERABILITY
14) Suppose any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction. In that case, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties agree that the specific portion shall be considered amended, reduced in scope, or otherwise stricken only to the extent necessary for the Agreement's continued validity and enforceability in the jurisdiction of such determination.
INTENTION OF THE PARTIES
15) Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for many reasons, including, without limitation, the passage of time, it is their unequivocal intention to steadfastly adhere to the terms of this Agreement under all circumstances.
DUTY OF GOOD FAITH
16) This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
FURTHER DOCUMENTATION
17) The Parties mutually agree to provide and execute any additional documentation as reasonably necessary to give full force and effect to each provision within this Agreement.
TITLE/HEADINGS
18) The headings in this Agreement do not form part of its terms and are included for convenience only.
ENUREMENT
19) This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, successors, and assigns.
GOVERNING LAW
20) This Agreement shall be governed by and construed in accordance with the laws of England excluding any rules relating to conflicts of law.
TERMINATION OR AMENDMENT
21) This Agreement may only be terminated or amended through written consent by both Parties, with their signatures affixed.
IN WITNESS WHEREOF the Parties have executed this Cohabitation Agreement on the ________ day of ________________, ________.
SIGNED as a DEED by _________
In the presence of:
_____________________________
Witness Signature
Printed Name: _________________
_____________________________
Witness Signature
Printed Name: _________________ | _____________________________
_________ |
SIGNED as a DEED by _________
In the presence of:
_____________________________
Witness Signature
Printed Name: _________________
_____________________________
Witness Signature
Printed Name: _________________ | _____________________________
_________ |
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
England
County of _________________
I, _________________________, of the City of ___________________, England, Barrister and Solicitor, DO HEREBY CERTIFY:
THAT I was this day consulted in my professional capacity by _________, named in the within instrument, being a Cohabitation Agreement, separate and apart from _________, as to _________'s legal rights and liabilities under the terms and conditions of it, and that I acted solely for _________, and explained fully to _________ the nature and effect of the said Cohabitation Agreement and _________ did execute it in my presence, and did acknowledge and declare that _________ was executing it of _________'s own volition and without any fear, threats, compulsion or influence from _________, or any other person.
DATED at the City of ___________________, England, this _____ day of _________, 20___.
________________________
BARRISTER & SOLICITOR
Print Name: _________________
I, _________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.
________________________
_________
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
England
County of _________________
I, _________________________, of the City of ___________________, England, Barrister and Solicitor, DO HEREBY CERTIFY:
THAT I was this day consulted in my professional capacity by _________, named in the within instrument, being a Cohabitation Agreement, separate and apart from _________, as to _________'s legal rights and liabilities under the terms and conditions of it, and that I acted solely for _________, and explained fully to _________ the nature and effect of the said Cohabitation Agreement and _________ did execute it in my presence, and did acknowledge and declare that _________ was executing it of _________'s own volition and without any fear, threats, compulsion or influence from _________, or any other person.
DATED at the City of ___________________, England, this _____ day of _________, 20___.
________________________
BARRISTER & SOLICITOR
Print Name: _________________
I, _________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.
________________________
_________
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