Cohabitation Agreement

COHABITATION AGREEMENT

THIS DEED is made on

_______(day) ________(month)______(year)

1. THE PARTIES

1.1. ________ of:

________

(the "First Party")

and

1.2. ________ of:

________

(the "Second Party")

2. RECITALS

2.1. Background

2.1.a. The Parties intend that this deed shall be legally binding on them and their respective personal representatives and estates.

2.1.b. The Parties are living together, and the purpose of this deed is to create legally binding arrangements for financial and other matters during the course of their cohabitation.

2.1.c. The Parties have each received independent legal advice.

2.1.d. The First Party independently owns the property and personal assets that are listed in Schedule 1 at the time of making this Deed.

2.1.e. The Second Party independently owns the property and personal assets that are listed in Schedule 2 at the time of making this Deed.

2.1.f. The Parties are both domiciled and habitually resident in England and Wales.

2.1.g. The Parties intend that this deed shall bind their heirs, receivers, trustees and personal representatives.

DEED OF AGREEMENT:

3. ASSETS

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

3.2. Clause 3.1 shall apply irrespective of any direct or indirect contribution made by either party towards that property after the date of this Deed, and any such contribution will not create or infer a beneficial interest in the property.

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. Any property acquired after the date of this deed jointly by both of the parties shall belong to the parties as beneficial joint tenants.

3.5. All property acquired jointly in accordance with clause 3.4 above shall be owned in equal beneficial shares, irrespective of the contributions made by each party, unless explicitly provided for otherwise in writing.

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 explicitly agreed in writing first.

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

3.8. Any gift provided from one party to the other shall be deemed to be an absolute gift unless the parties explicitly agree otherwise in writing.

3.9. the terms set out in the section (Section 3) shall be subject to the conditions of clause 4.2.c below.

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 will belong to the parties in equal shares, irrespective of the contributions of each party towards the balance of the account or the 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 over the amount of £500 should be expressly agreed first; and

4.2.c. any assets or property purchased with funds from the Join Account shall automatically be deemed to be jointly owned by the Parties.

5. DEBTS AND CREDIT AGREEMENTS

5.1. Each party shall be 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 responsibility of that party and shall be repaid in their sole name.

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 for ________% of the Living Expenses;

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

6.3. The payments made by each party towards Living Expenses will not affect any legal or beneficially ownership of any property that is jointly owned by the Parties.

7. TERMINATION

7.1. This deed will terminate upon:

7.1.a. the death of either party;

7.1.b. the marriage of the parties to each other;

7.1.c. the Parties entering into a deed of termination or variation.

7.1.d. the Parties having lived apart for a continuous period of 4 weeks and providing written notice that the agreement shall be terminated.

7.2. Upon termination of this deed:

7.2.a. the Parties must cease using the Joint Account and divide the sums remaining in that account equally between them;

7.2.b. the Parties must pay and settle all remaining living expenses in the manner which has been agreed in section 6 above;

7.2.c. all jointly owned property will be divided between the parties in accordance with their respective ownership.

7.2.d. each party identifies the other in relation to all losses incurred from their failure to pay any amounts owed in connection with this deed.

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10. SEVERABILITY OF CLAUSES

If any provision or part of any provision of this Agreement is deemed invalid or unenforceable, it shall be treated as though it is erased from the Agreement but the erasure of the provision or part-provision shall not affect the validity or enforceability of the rest of the Agreement.

SIGNED AND DELIVERED AS A DEED BY THE PARTIES:

SIGNED AS A DEED BY ________ on:

DATED:

___________________

SIGNATURE:

___________________

________

In the presence of:

NAME OF WITNESS:

_________________

ADDRESS OF WITNESS:

__________________

OCCUPATION OF WITNESS:

__________________

SIGNED AS A DEED BY ________ on:

DATED:

___________________

SIGNATURE:

___________________

________

In the presence of:

NAME OF WITNESS:

_________________

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 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.

SIGNED:

__________________________

NAME OF SOLICITOR:

__________________________

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 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.

SIGNED:

__________________________

NAME OF SOLICITOR:

__________________________

DATED:

__________________________

SCHEDULE 1

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

SCHEDULE 2

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