The Parties/signatories to this deed are advised that signature of this document will have legal consequences. Where either Party is unsure or does not understand the legal obligations and responsibilities placed upon them under this deed, they are advised to seek legal advice before signing.
COHABITATION AGREEMENT
for England and Wales
This DEED is made on: ________
1. PARTIES
A. ________ of:
________
(the "First Party")
and
B. ________ of:
________
(the "Second Party")
This DEED provides:
2. BACKGROUND
A. ________ and ________ intend that this deed shall be legally binding on them and their respective personal representatives and estates.
B. ________ 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.
C. ________ and ________ have each received independent legal advice prior to the execution of this deed.
D. ________ and ________ have each acquired all of their separate property as set out in Schedules 1 and 2 to this deed independently of and without any contribution from the other.
E. The property listed in Schedule 3 belonged either to ________ or ________ immediately prior to this deed and is now owned by the parties jointly and shall form part of their joint fund (the "Joint Fund").
F. ________ and ________ shall wherever necessary procure immediately the formal transfer of all property in the Joint Fund into their joint names.
G. The following children are the children of both ________ and ________:
________
H. The parties have no intention of ousting the jurisdiction of any court in England and Wales to make any order in relation to any children of ________ or of ________ or any future children of the relationship (the "Children").
I. ________ and ________ are both domiciled and habitually resident in England and Wales.
J. ________ and ________ intend that this deed shall bind their heirs, receivers, trustees and personal representatives.
3. ASSETS
A. 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.
B. 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.
C. ________ 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.
D. 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.
E. Nothing in this deed precludes the acquisition by the parties of assets in joint names, including real property.
F. 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.
4. THE HOME
A. The home at which the parties will reside is:
________
(hereafter the "home property")
B. The parties agree that the home property will be transferred from the sole name of ________ (the "Homeowner") to the joint names of the parties as beneficial joint tenants in equal shares subject to the existing mortgage in favour of ________ within 28 days of the date of this deed at the latest.
5. 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 the termination of the parties' relationship.
6. BANK ACCOUNTS
A. In the event that the parties open and maintain an account in their joint names (the Joint Account):
I. the Joint Account and any interest credited to it shall belong to the parties in equal shares regardless of the sums which either of them have paid into or withdrawn from the account;
II. each party may draw cheques on and withdraw cash from the Joint Account up to a limit of £________ (________) and any cheque, payment or withdrawal exceeding the sum agreed shall be signed or made by both parties;
III. if either party purchases goods, acquires assets or makes investments in his or her sole name with funds withdrawn from the Joint Account, such goods, assets or investments shall be deemed to belong solely to the party making the purchase, acquisition or investment, unless the parties agree otherwise in writing.
7. LIVING EXPENSES
A. In this deed living expenses shall include, but are not restricted to: 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; and car maintenance.
B. The parties agree that except for any living expenses wholly attributable to one or the other of them, all living expenses shall be shared equally.
C. 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.
8. PROVISIONS FOR TERMINATION OF THE DEED
A. This deed shall cease to have effect on the first of the following to occur:
I. the death of either party;
II. the marriage of the parties to each other;
III. the parties agreeing that the agreement should be varied or terminated and a deed of variation or termination being executed to that effect;
IV. 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
V. the expiry of a period of 4 weeks commencing on the date when either party gives written notice of termination to the other party.
B. In the event of termination on the grounds set out above the following transitional provisions shall apply:
I. neither party shall make any further cheque or cash withdrawal from the Joint Account;
II. both parties shall take steps immediately to ensure that no further sums are credited to the Joint Account;
III. both parties shall punctually pay and settle all outstanding living expenses in the proportions agreed above;
IV. both parties shall surrender immediately any credit cards or like cards to the card owner in respect of the Joint Account and any sole named accounts where the other party is an additional card holder or authorised user;
V. each party shall indemnify the other in respect of any losses arising from either party's failure to pay their respective shares of all debts, overdrafts and interest repayments;
VI. 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.
9. 8222588825 282 888 858558585588
5588 5225 85588 82 22825225 82 525 822825525 82 5882555282 8825 252 858 22 5228525 525 25828 525 2552525, 525 82 522 28222, 82 522 52288852822 88 2552 22 252 82552 25585522 22 2588 5225 252 82552 22 5228525 525 25828 85588 5582 255885882822 52 2552 2822, 525 85252 252 825528 22 222 25 2252 22525 82258 255885882822 85588 5882 5582 255885882822 252 2552828 52522 2552 2522 822225 252 825528 22 5228525 525 25828 22 5258 25885888282 8825 8585 52288852822.
10. 25825885588
552 2552828 52522 2552 2282525 8888 85582 25 225282 25888852822 82 522 22585 22 252 22528 525 222282 22 2588 5225 225 522 282528858 5225888 525 528522228 588882825 82 5882555282 8825 it.
11. SEVERABILITY OF CLAUSES
The invalidity or unenforceability of any provision in this deed 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
Please detail property held by ________ which will remain in their ownership
SCHEDULE 2
________'s Private Property
Please detail property held by ________ which will remain in their ownership
SCHEDULE 3
Joint Property
Please detail property held by either ________ or ________ which henceforth is to be held jointly
The Parties/signatories to this deed are advised that signature of this document will have legal consequences. Where either Party is unsure or does not understand the legal obligations and responsibilities placed upon them under this deed, they are advised to seek legal advice before signing.
COHABITATION AGREEMENT
for England and Wales
This DEED is made on: ________
1. PARTIES
A. ________ of:
________
(the "First Party")
and
B. ________ of:
________
(the "Second Party")
This DEED provides:
2. BACKGROUND
A. ________ and ________ intend that this deed shall be legally binding on them and their respective personal representatives and estates.
B. ________ 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.
C. ________ and ________ have each received independent legal advice prior to the execution of this deed.
D. ________ and ________ have each acquired all of their separate property as set out in Schedules 1 and 2 to this deed independently of and without any contribution from the other.
E. The property listed in Schedule 3 belonged either to ________ or ________ immediately prior to this deed and is now owned by the parties jointly and shall form part of their joint fund (the "Joint Fund").
F. ________ and ________ shall wherever necessary procure immediately the formal transfer of all property in the Joint Fund into their joint names.
G. The following children are the children of both ________ and ________:
________
H. The parties have no intention of ousting the jurisdiction of any court in England and Wales to make any order in relation to any children of ________ or of ________ or any future children of the relationship (the "Children").
I. ________ and ________ are both domiciled and habitually resident in England and Wales.
J. ________ and ________ intend that this deed shall bind their heirs, receivers, trustees and personal representatives.
3. ASSETS
A. 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.
B. 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.
C. ________ 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.
D. 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.
E. Nothing in this deed precludes the acquisition by the parties of assets in joint names, including real property.
F. 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.
4. THE HOME
A. The home at which the parties will reside is:
________
(hereafter the "home property")
B. The parties agree that the home property will be transferred from the sole name of ________ (the "Homeowner") to the joint names of the parties as beneficial joint tenants in equal shares subject to the existing mortgage in favour of ________ within 28 days of the date of this deed at the latest.
5. 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 the termination of the parties' relationship.
6. BANK ACCOUNTS
A. In the event that the parties open and maintain an account in their joint names (the Joint Account):
I. the Joint Account and any interest credited to it shall belong to the parties in equal shares regardless of the sums which either of them have paid into or withdrawn from the account;
II. each party may draw cheques on and withdraw cash from the Joint Account up to a limit of £________ (________) and any cheque, payment or withdrawal exceeding the sum agreed shall be signed or made by both parties;
III. if either party purchases goods, acquires assets or makes investments in his or her sole name with funds withdrawn from the Joint Account, such goods, assets or investments shall be deemed to belong solely to the party making the purchase, acquisition or investment, unless the parties agree otherwise in writing.
7. LIVING EXPENSES
A. In this deed living expenses shall include, but are not restricted to: 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; and car maintenance.
B. The parties agree that except for any living expenses wholly attributable to one or the other of them, all living expenses shall be shared equally.
C. 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.
8. PROVISIONS FOR TERMINATION OF THE DEED
A. This deed shall cease to have effect on the first of the following to occur:
I. the death of either party;
II. the marriage of the parties to each other;
III. the parties agreeing that the agreement should be varied or terminated and a deed of variation or termination being executed to that effect;
IV. 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
V. the expiry of a period of 4 weeks commencing on the date when either party gives written notice of termination to the other party.
B. In the event of termination on the grounds set out above the following transitional provisions shall apply:
I. neither party shall make any further cheque or cash withdrawal from the Joint Account;
II. both parties shall take steps immediately to ensure that no further sums are credited to the Joint Account;
III. both parties shall punctually pay and settle all outstanding living expenses in the proportions agreed above;
IV. both parties shall surrender immediately any credit cards or like cards to the card owner in respect of the Joint Account and any sole named accounts where the other party is an additional card holder or authorised user;
V. each party shall indemnify the other in respect of any losses arising from either party's failure to pay their respective shares of all debts, overdrafts and interest repayments;
VI. 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.
9. 8222588825 282 888 858558585588
5588 5225 85588 82 22825225 82 525 822825525 82 5882555282 8825 252 858 22 5228525 525 25828 525 2552525, 525 82 522 28222, 82 522 52288852822 88 2552 22 252 82552 25585522 22 2588 5225 252 82552 22 5228525 525 25828 85588 5582 255885882822 52 2552 2822, 525 85252 252 825528 22 222 25 2252 22525 82258 255885882822 85588 5882 5582 255885882822 252 2552828 52522 2552 2522 822225 252 825528 22 5228525 525 25828 22 5258 25885888282 8825 8585 52288852822.
10. 25825885588
552 2552828 52522 2552 2282525 8888 85582 25 225282 25888852822 82 522 22585 22 252 22528 525 222282 22 2588 5225 225 522 282528858 5225888 525 528522228 588882825 82 5882555282 8825 it.
11. SEVERABILITY OF CLAUSES
The invalidity or unenforceability of any provision in this deed 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
Please detail property held by ________ which will remain in their ownership
SCHEDULE 2
________'s Private Property
Please detail property held by ________ which will remain in their ownership
SCHEDULE 3
Joint Property
Please detail property held by either ________ or ________ which henceforth is to be held jointly
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