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Cohabitation Agreement For Married Couples Template for England and Wales

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Key Requirements PROMPT example:

Cohabitation Agreement For Married Couples

"Need a Cohabitation Agreement For Married Couples to clearly set out how my spouse and I will manage our newly purchased family home and our separate business interests, with specific provisions for maintaining separate bank accounts while sharing household expenses equally."

Document background
A Cohabitation Agreement For Married Couples is designed for married couples who wish to clearly document their financial arrangements and living conditions during their marriage. This agreement is particularly relevant in England and Wales, where courts may consider such arrangements when making financial orders in divorce proceedings. The document typically includes provisions for property ownership, financial contributions, household expenses, and asset management. While not as commonly used as prenuptial or postnuptial agreements, it provides clarity and certainty for couples who wish to maintain clear financial boundaries while married. The agreement must comply with legal requirements including full financial disclosure and independent legal advice for both parties.
Suggested Sections

1. Parties: Identification and details of both spouses entering the agreement

2. Background: Context of the agreement, including marriage date and current living arrangements

3. Definitions: Key terms used throughout the agreement

4. Property Ownership: Details of how the family home and other properties are owned and managed

5. Financial Arrangements: Details of joint and separate finances, including bank accounts and investments

6. Household Expenses: Agreement on how regular household expenses are shared

7. Duration and Review: Term of the agreement and circumstances for review

8. Governing Law: Confirmation that the agreement is governed by English and Welsh law

Optional Sections

1. Children: Arrangements regarding children - include when the couple has children

2. Pets: Arrangements for pet ownership and care - include when the couple has pets

3. Business Interests: Protection of business assets and income - include when either party owns a business

4. Inheritance: Treatment of inherited assets - include when either party has received or expects significant inheritance

5. Debts: Management of existing debts and future liabilities - include when either party has significant debt

Suggested Schedules

1. Schedule 1: Asset Schedule: Detailed list of all assets owned by both parties

2. Schedule 2: Property Details: Details of all properties owned including title numbers

3. Schedule 3: Financial Disclosure: Full financial disclosure from both parties

4. Appendix A: Certificates of Independent Legal Advice: Signed certificates confirming both parties received independent legal advice

5. Appendix B: Property Valuations: Current market valuations of properties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Matrimonial Causes Act 1973: Primary legislation governing financial arrangements between married couples, particularly relevant for divorce proceedings and financial settlements. Courts retain ultimate discretion under this Act to make financial orders regardless of any agreement.

Family Law Act 1996: Legislation dealing with occupation rights and domestic violence protection, particularly relevant for provisions regarding the family home.

Trusts of Land and Appointment of Trustees Act 1996: Governs property ownership and rights, important for defining beneficial interests in property. Often referred to as TOLATA.

Law of Property Act 1925: Fundamental legislation regarding property ownership, relevant for joint tenancy and tenancy in common provisions.

Common Law Principles: Legal principles regarding constructive trusts, resulting trusts, and proprietary estoppel that affect property rights and interests.

Human Rights Act 1998: Relevant for Article 8 (right to respect for private and family life) and Article 1 of Protocol 1 (protection of property).

Equality Act 2010: Legislation covering non-discrimination provisions and equal treatment requirements in legal agreements.

Radmacher v Granatino [2010]: Key case law establishing stronger legal standing for post-nuptial agreements (including cohabitation agreements made during marriage).

Enforceability Requirements: Legal requirements including full financial disclosure, independent legal advice, absence of undue pressure, fairness test, and proper execution for agreement validity.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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