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Non Cohabitation Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Non Cohabitation Agreement

I need a Non Cohabitation Agreement for two parties who own separate properties in Hong Kong but occasionally share living expenses; the agreement should start from January 2025 and include clear terms about financial separation and shared utility costs.

Document background
The Non Cohabitation Agreement serves as a crucial legal instrument in Hong Kong for individuals who wish to formally document their intention to maintain separate living arrangements. This document becomes particularly relevant in situations where parties need to clearly establish their living arrangements for legal, financial, or personal reasons. Given Hong Kong's unique legal framework, which differs from Western jurisdictions in its treatment of cohabitation, this agreement helps fill potential legal gaps by providing clear evidence of the parties' intentions and arrangements. The document typically includes provisions for separate residences, financial independence, communication protocols, and privacy arrangements, while also addressing any shared assets or ongoing obligations. It's particularly useful for parties who need to demonstrate their separate living status for various legal or administrative purposes.
Suggested Sections

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context of the relationship and reasons for entering into the non-cohabitation agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Declaration of Non-Cohabitation: Clear statement of parties' intention to live separately and not cohabit

5. Living Arrangements: Specific details about separate residences and maintaining separate households

6. Financial Independence: Statement of financial separation and independence between parties

7. Communication and Interaction: Guidelines for communication and interaction between parties

8. Privacy and Confidentiality: Terms regarding privacy and confidentiality of personal information and agreement details

9. Duration: Period of effectiveness and conditions for termination of the agreement

10. Governing Law: Specification of Hong Kong law as governing law and jurisdiction

11. Dispute Resolution: Process for resolving any disputes arising from the agreement

12. General Provisions: Standard contractual provisions including entire agreement, amendments, and severability

Optional Sections

1. Shared Property: Terms regarding any shared property or assets, used when parties have joint ownership of assets

2. Children and Parenting: Arrangements regarding children if applicable, including access and responsibilities

3. Shared Business Interests: Provisions for handling any shared business interests or investments

4. Mutual Obligations: Any ongoing obligations between parties, used when there are continuing responsibilities

5. Insurance and Benefits: Provisions regarding insurance policies or benefits where parties are named beneficiaries

6. Third Party Rights: Provisions regarding rights of third parties, used when other parties might be affected

7. Future Claims: Waiver of future claims against each other, used when parties want additional legal protection

Suggested Schedules

1. Schedule 1: Personal Information: Detailed information about both parties including contact details and identification

2. Schedule 2: Property Details: List and details of any relevant properties and their ownership status

3. Schedule 3: Financial Assets: Inventory of financial assets and their agreed attribution

4. Schedule 4: Shared Items Inventory: List of any shared items and agreed disposition

5. Appendix A: Communication Protocol: Detailed protocol for communication between parties

6. Appendix B: Dispute Resolution Procedure: Detailed steps and procedures for dispute resolution

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 | Serial Founder & Legal AI Author

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