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Pre Cohabitation Agreement for the United Kingdom

Pre Cohabitation Agreement Template for England and Wales

A Pre Cohabitation Agreement is a legally binding document under the laws of England and Wales that sets out the financial and practical arrangements between two people who plan to live together but are not married or in a civil partnership. The agreement details property ownership, financial responsibilities, and arrangements for potential separation, providing clarity and protection for both parties. While not specifically regulated by statute, these agreements are governed by contract law principles and relevant property legislation.

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What is a Pre Cohabitation Agreement?

The Pre Cohabitation Agreement serves as a crucial legal framework for unmarried couples in England and Wales who plan to live together. This document should be used before cohabitation begins to establish clear terms regarding property rights, financial responsibilities, and arrangements in case of relationship breakdown. The agreement helps prevent future disputes by clearly documenting each party's rights and obligations, particularly important given that cohabiting couples lack the legal protections afforded to married couples. It typically includes provisions for property ownership, bill payment, savings, and separation arrangements.

What sections should be included in a Pre Cohabitation Agreement?

1. Parties: Details of the cohabiting partners entering into the agreement

2. Background: Context of the relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Property Ownership: Details of property ownership and shares, including principles from Law of Property Act 1925 and TOLATA 1996

5. Financial Arrangements: Day-to-day financial responsibilities and arrangements between the parties

6. Termination: Circumstances and process for ending the agreement, including property division principles

What sections are optional to include in a Pre Cohabitation Agreement?

1. Children: Arrangements regarding existing or future children and their living arrangements

2. Pets: Arrangements for pet ownership, care responsibilities and costs

3. Business Interests: Protection of business assets and interests of either party

4. Inheritance: Provisions regarding inheritance rights and estate planning considerations

What schedules should be included in a Pre Cohabitation Agreement?

1. Schedule of Assets: Detailed list of each party's assets brought into the relationship including property, investments, and personal items

2. Schedule of Property: Details of any jointly owned or occupied property including ownership shares and maintenance responsibilities

3. Financial Disclosure: Full financial disclosure from both parties including assets, liabilities, income and expenses

4. Certificates of Independent Legal Advice: Confirmation that both parties received independent legal advice before signing the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Cost

Free to use

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