The Cohabitation Agreement For Married Couples is a specialized legal document designed for married couples in Malaysia who wish to formally structure their living arrangements and financial responsibilities. It becomes particularly relevant when couples want to clearly define property rights, financial obligations, and household management responsibilities within their marriage. The agreement must navigate Malaysia's unique dual legal system, ensuring compliance with civil law (primarily the Law Reform (Marriage and Divorce) Act 1976) for non-Muslim couples, and Shariah law provisions for Muslim couples where applicable. This document is commonly used when couples have significant assets, complex financial arrangements, or specific requirements about how their married life should be organized. It typically includes provisions for property management, financial contributions, household expenses, dispute resolution, and can be modified to accommodate specific religious or cultural requirements.
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1. Parties: Identification and details of both spouses entering into the agreement
2. Background: Context of the agreement, including date of marriage, current living situation, and purpose of the agreement
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Living Arrangements: Details of the shared residence, including ownership/rental status and maintenance responsibilities
5. Financial Arrangements: Management of joint and separate finances, including bank accounts, savings, and investments
6. Household Expenses: Division and management of daily living expenses, utilities, and household costs
7. Property Rights: Treatment of existing and future property, including separate and jointly owned assets
8. Debt Management: Handling of existing and future debts, joint liabilities, and financial obligations
9. Dispute Resolution: Process for resolving disagreements, including mediation requirements
10. Duration and Review: Term of the agreement and provisions for periodic review and updates
11. Governing Law: Specification of Malaysian law as governing law and relevant jurisdictional matters
1. Religious Observance: Specific arrangements regarding religious practices and obligations, particularly relevant for Muslim couples
2. Children and Family: Arrangements regarding existing or future children, if applicable
3. Business Interests: Management of joint or separate business interests, if either party owns or operates a business
4. Inheritance Matters: Special provisions regarding inheritance and estate planning, if needed
5. Healthcare Provisions: Arrangements for health insurance and medical decision-making
6. Domestic Staff: Management and cost-sharing of household staff, if applicable
7. Pets and Animals: Care and financial responsibility for pets, if applicable
8. International Assets: Special provisions for overseas properties or investments, if applicable
1. Schedule A - Asset Inventory: Detailed list of all assets owned by each party at the time of agreement
2. Schedule B - Financial Disclosure: Complete financial disclosure from both parties including income, investments, and liabilities
3. Schedule C - Household Budget: Detailed breakdown of shared household expenses and allocation of responsibilities
4. Schedule D - Property Details: Specific details of shared residence and other properties owned by either party
5. Appendix 1 - Proof of Independent Legal Advice: Certificates confirming both parties received independent legal advice
6. Appendix 2 - Supporting Documents: Copies of relevant documents such as property titles, investment certificates, etc.
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