The Co Habitation Agreement is a crucial legal instrument in the Philippines, where the absence of divorce law and strong influence of religious principles create unique legal considerations for unmarried couples living together. This document becomes particularly important as it helps establish clear legal boundaries and protections in a jurisdiction where common-law marriages are not formally recognized. The agreement typically covers property division, financial responsibilities, support obligations, and living arrangements, while ensuring compliance with the Family Code of the Philippines and related legislation. It's especially relevant for couples who wish to protect their individual assets, establish clear financial responsibilities, and create legally binding arrangements regarding their cohabitation without entering into marriage. The document should be carefully drafted to ensure it doesn't contravene Philippine public policy or moral standards while providing maximum legal protection for both parties.
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1. Parties: Identification and details of both parties entering into the cohabitation agreement
2. Background: Context of the relationship and purpose of entering into the agreement
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Duration and Commencement: When the agreement takes effect and how long it will last
5. Living Arrangements: Details of shared residence and living arrangements
6. Financial Arrangements: How shared expenses will be handled and financial responsibilities of each party
7. Property Rights: How property acquired before and during cohabitation will be treated
8. Separate Property: Clear designation of assets that remain separate property of each party
9. Joint Property: Treatment of jointly acquired property and assets during cohabitation
10. Debts and Liabilities: How existing and future debts will be handled
11. Mutual Rights and Obligations: General rights and responsibilities of each party during cohabitation
12. Termination: Circumstances and process for ending the agreement
13. Dispute Resolution: Process for resolving any disputes that may arise
14. Governing Law: Confirmation that the agreement is governed by Philippine law
15. Signatures and Execution: Formal execution of the agreement by both parties
1. Children: Include when there are existing children or plans for children, covering arrangements for their care and support
2. Business Interests: Include when either party owns a business or there are joint business ventures
3. Healthcare and Medical Decisions: Include for arrangements regarding medical decision-making and healthcare responsibilities
4. Pets and Animals: Include when there are shared pets or animals to address their care and ownership
5. Insurance Arrangements: Include when parties wish to specify life, health, or property insurance arrangements
6. Religious and Cultural Practices: Include when specific religious or cultural considerations need to be addressed
7. Intellectual Property Rights: Include when either party has significant intellectual property assets
8. Death and Inheritance: Include when parties wish to specify arrangements in case of death during cohabitation
1. Schedule A - Personal Property Inventory: Detailed list of each party's personal property brought into the cohabitation
2. Schedule B - Joint Property Inventory: List of property jointly owned by the parties
3. Schedule C - Financial Disclosure: Statement of each party's financial position at the time of agreement
4. Schedule D - Household Expenses: Breakdown of shared household expenses and contribution arrangements
5. Schedule E - Pre-existing Obligations: List of each party's pre-existing financial obligations
6. Appendix 1 - Proof of Independent Legal Advice: Certificates confirming each party received independent legal advice
7. Appendix 2 - Supporting Documents: Copies of relevant documents referenced in the agreement
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