The Domestic Relationship Agreement serves as a crucial legal instrument for couples in Hong Kong who choose to live together without entering into marriage. Given Hong Kong's limited statutory protection for unmarried couples, this agreement becomes essential in establishing clear legal frameworks for the relationship. It typically addresses property ownership, financial responsibilities, living arrangements, and potential separation scenarios. The document is particularly important in Hong Kong's context where there's no specific legislation recognizing de facto relationships, making it vital for protecting both parties' interests. The agreement should be drafted with careful consideration of Hong Kong's legal system, particularly the Matrimonial Proceedings and Property Ordinance (Cap. 192) and the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189), while ensuring it remains enforceable under Hong Kong contract law.
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1. Parties: Identification and details of both parties entering into the agreement
2. Background: Context of the relationship and purpose of entering into the agreement
3. Definitions: Key terms used throughout the agreement
4. Commencement and Duration: When the agreement takes effect and how long it remains valid
5. Living Arrangements: Details of cohabitation, including primary residence and household responsibilities
6. Financial Arrangements: Day-to-day financial responsibilities, joint accounts, and expense sharing
7. Property Rights: Ownership and rights regarding property acquired before and during the relationship
8. Separation Provisions: Process and arrangements in case of relationship breakdown
9. Dispute Resolution: Methods for resolving disagreements, including mediation preferences
10. Confidentiality: Privacy obligations regarding the relationship and agreement contents
11. Governing Law: Confirmation that Hong Kong law governs the agreement
12. Execution: Signature blocks and witnessing requirements
1. Children: Arrangements for existing or future children, including financial support and living arrangements
2. Pets: Ownership and care arrangements for shared pets
3. Business Interests: Protection and management of shared or individual business interests
4. Inheritance Provisions: Specific arrangements for inheritance rights beyond statutory provisions
5. Cultural or Religious Obligations: Specific arrangements relating to cultural or religious practices
6. Healthcare Decisions: Authority for medical decisions in case of incapacity
7. Intellectual Property: Ownership and rights regarding intellectual property created during the relationship
8. Digital Assets: Management and ownership of digital assets and accounts
1. Schedule 1: Assets Schedule: Detailed list of each party's assets at the time of agreement
2. Schedule 2: Liabilities Schedule: Detailed list of each party's liabilities at the time of agreement
3. Schedule 3: Household Items Inventory: List of shared household items and their agreed ownership
4. Schedule 4: Financial Contributions: Detailed breakdown of agreed financial contributions
5. Schedule 5: Property Details: Specific details of any shared or relevant properties
6. Appendix A: Proof of Independent Legal Advice: Certificates confirming each party received independent legal advice
7. Appendix B: Financial Disclosure Statements: Detailed financial disclosure from both parties
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