Cohabitation Agreement

COHABITATION AGREEMENT

THIS DEED is made on ________ (day) ________ (month) ________ (year)

1. THE PARTIES

1.1. ________ (date of birth ________) of:

________

(the "First Party")

and

1.2. ________ (date of birth ________) of:

________

(the "Second Party")

together referred to as the "Parties" and each a "Party".

2. RECITALS

2.1. The Parties are living together, or intend to live together, as an unmarried couple in a relationship of cohabitation, and the purpose of this deed is to create legally binding arrangements regulating their financial and property affairs during the course of, and on termination of, their cohabitation.

2.2. The Parties intend the lawful financial obligations in this deed to bind them and, where legally applicable, their estates. The deed cannot override insolvency law, creditors’ rights, succession law or powers conferred on a court by statute.

2.3. Each Party has, before executing this deed, received independent legal advice from a solicitor of their own choosing as to the meaning, nature and effect of this deed, and each has provided to the other full and frank disclosure of their financial circumstances.

2.4. The First Party independently owns the property and personal assets listed in Schedule 1 at the date of this deed.

2.5. The Second Party independently owns the property and personal assets listed in Schedule 2 at the date of this deed.

2.6. The Parties are each domiciled and habitually resident in England and Wales.

2.7. The Parties acknowledge that this deed does not, and is not intended to, oust the jurisdiction of the court in relation to any application that may be made under the Children Act 1989 or Schedule 1 to that Act in respect of the welfare and financial support of any child, and that nothing in this deed shall prejudice or limit any such application.

2.8. The Parties intend to enter into these arrangements freely and with an understanding of their implications. Enforceability remains subject to applicable law, proper execution, disclosure and the circumstances; this recital is not a guarantee that every provision will be upheld.

NOW THIS DEED WITNESSES AND THE PARTIES AGREE AS FOLLOWS:

3. ASSETS

3.1. All property in the exclusive ownership of one Party prior to the date of this deed shall remain the sole property of that Party, regardless of any increase in its value.

3.2. Ordinary contributions to living expenses do not, by themselves, change ownership of an existing separate asset. Any intended change in beneficial interests, including a contribution to a purchase price or mortgage capital, should be recorded in a property-specific agreement with the necessary formalities. Nothing here prevents a court from applying applicable trust, estoppel or other mandatory rules.

3.3. Any property acquired after the date of this deed solely by either Party shall remain the separate property of the acquiring Party unless they expressly agree otherwise in writing.

3.4. When buying property jointly, the Parties will record whether they intend a beneficial joint tenancy with survivorship or a tenancy in common with specified shares, and complete any required declaration and registration. Pending a valid property-specific agreement, this deed records an intention to share the beneficial value equally; it does not itself sever an existing joint tenancy.

3.5. An express property-specific declaration takes priority over the general equal-sharing intention. Joint tenancy does not involve distinct shares while it subsists; the financial intention in this deed must be implemented consistently with the ownership structure selected on purchase.

3.6. All items of personal use and adornment shall be the property of the Party by whom they are used, irrespective of their method of acquisition, unless expressly agreed otherwise in writing.

3.7. Each Party shall have full control of any property exclusively owned by them and shall be free to sell, lease, charge, mortgage or otherwise dispose of such property and to receive all income, rent and profits derived from it without restriction.

3.8. Any gift made by one Party to the other shall be deemed an absolute gift unless the Parties expressly agree otherwise in writing.

3.9. An express property-specific declaration of beneficial interests takes precedence over general presumptions in this deed. Separate land formalities and lender requirements remain applicable.

4. BANK ACCOUNTS

4.1. Where either Party holds a separate bank or building society account in their sole name, the funds in such account remain the exclusive property of the account holder.

4.2. In the event that the Parties open and maintain an account in their joint names (the "Joint Account"):

4.2.a. all funds in the Joint Account and any interest credited to it shall belong to the Parties in equal shares, irrespective of the contributions of each Party towards the balance of, or withdrawals from, the account;

4.2.b. each Party may draw money from the Joint Account, but any single withdrawal or payment from the account exceeding £________ shall be expressly agreed in advance; and

4.2.c. Assets purchased from the Joint Account are intended to be shared equally, subject to any express property-specific declaration, third-party rights and required legal formalities.

5. DEBTS AND CREDIT AGREEMENTS

5.1. Each Party shall be solely liable for all current and future debts incurred in their sole name.

5.2. All credit or finance agreements entered into by either Party in their sole name shall remain the sole responsibility of that Party and shall be repaid by them.

5.3. Joint debts are shared equally between the Parties unless they expressly agree otherwise. This is an internal allocation: it does not limit a lender’s rights, release either borrower or amend a joint and several obligation without the creditor’s agreement.

6. LIVING EXPENSES

6.1. "Living Expenses" shall mean:

________

6.2. Living Expenses shall be paid for by the Parties as follows:

6.2.a. the First Party shall pay ________% of the Living Expenses;

6.2.b. the Second Party shall pay ________% of the Living Expenses.

6.3. Ordinary Living Expenses do not by themselves alter property interests. Capital contributions intended to acquire or change an interest must be separately documented, consistently with clause 3 and applicable law.

7. CHILDREN

7.1. Nothing in this deed shall affect, restrict or determine the rights of any child of either or both Parties, nor the obligations of either Party towards any such child.

7.2. No provision of this deed shall fetter the jurisdiction of the court to make orders for the benefit of any child under the Children Act 1989, Schedule 1 to that Act, or the Child Support Act 1991.

8. TERMINATION

8.1. This deed shall terminate upon the first to occur of the following:

8.1.a. the death of either Party;

8.1.b. the marriage of the Parties to each other, or the formation of a civil partnership between them;

8.1.c. the Parties entering into a deed of termination or variation of this deed;

8.1.d. the Parties having lived apart for a continuous period of ________ and one Party serving written notice on the other that this deed shall terminate.

8.2. Upon termination of this deed:

8.2.a. On separation, the Parties will notify the bank, agree arrangements for necessary payments and divide their beneficial entitlement to the Joint Account after liabilities are settled. On death, the bank mandate, survivorship and succession rules apply; this deed does not automatically require closure or equal distribution contrary to those rules.

8.2.b. the Parties shall pay and settle all outstanding Living Expenses in the manner agreed in Section 6 above;

8.2.c. Joint property is dealt with according to the Parties’ established beneficial interests and applicable law. On death, rights of survivorship, wills and intestacy rules take priority where applicable. Marriage or civil partnership requires a fresh review; statutory powers of the court cannot be excluded.

8.2.d. each Party shall indemnify the other against all losses, costs, claims and liabilities incurred as a result of that Party's failure to pay any amount owed in connection with this deed.

8.3. Termination of this deed shall not affect any rights or liabilities which have accrued prior to termination.

9. INDEPENDENT LEGAL ADVICE AND VARIATION

9.1. Each Party confirms that they have received independent legal advice as to the terms and effect of this deed, as evidenced by the Certificates of Advice annexed to this deed.

9.2. The Parties agree to review this deed upon the occurrence of any material change in their circumstances, including the birth or adoption of a child, and in any event at intervals of not more than ________.

9.3. No variation of this deed shall be effective unless it is in writing, executed as a deed and signed by both Parties.

10. ENTIRE AGREEMENT

This deed records the Parties’ arrangements within its stated scope. Express property declarations, mandatory rights and disclosures recorded in its schedules remain relevant. Nothing excludes liability for fraud or fraudulent misrepresentation or prevents a court from considering a legally relevant representation or equitable claim.

11. THIRD PARTY RIGHTS

A person who is not a party to this deed shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this deed.

12. GOVERNING LAW AND JURISDICTION

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13. SEVERABILITY

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SIGNED AND DELIVERED AS A DEED BY THE PARTIES:

SIGNED AS A DEED BY ________:

DATED:

___________________

SIGNATURE:

___________________

________

In the presence of:

NAME OF WITNESS:

_________________

SIGNATURE:

___________________

ADDRESS OF WITNESS:

__________________

OCCUPATION OF WITNESS:

__________________

SIGNED AS A DEED BY ________:

DATED:

___________________

SIGNATURE:

___________________

________

In the presence of:

NAME OF WITNESS:

_________________

SIGNATURE:

___________________

ADDRESS OF WITNESS:

__________________

OCCUPATION OF WITNESS:

__________________

CERTIFICATE OF ADVICE - FIRST PARTY

I, ________ of ________ certify as follows:

I am a qualified solicitor of the Senior Courts of England and Wales.

Before ________ entered into the deed to which this certificate is annexed, I provided to ________ independent legal advice as to the following:

a) the effect of the agreement on their rights and entitlements;

b) the advantages and disadvantages of entering into the agreement.

I am satisfied that the said Party entered into this deed of their own free will and with a full appreciation of its implications.

SIGNED:

__________________________

NAME OF SOLICITOR:

__________________________

FIRM:

__________________________

DATED:

__________________________

CERTIFICATE OF ADVICE - SECOND PARTY

I, ________ of ________ certify as follows:

I am a qualified solicitor of the Senior Courts of England and Wales.

Before ________ entered into the deed to which this certificate is annexed, I provided to ________ independent legal advice as to the following:

a) the effect of the agreement on their rights and entitlements;

b) the advantages and disadvantages of entering into the agreement.

I am satisfied that the said Party entered into this deed of their own free will and with a full appreciation of its implications.

SIGNED:

__________________________

NAME OF SOLICITOR:

__________________________

FIRM:

__________________________

DATED:

__________________________

SCHEDULE 1

The First Party's property and personal assets are listed below:

________

SCHEDULE 2

The Second Party's property and personal assets are listed below:

________