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Cohabitation Prenuptial Agreement

Cohabitation Prenuptial Agreement Template for Ireland

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Cohabitation Prenuptial Agreement

"Need a Cohabitation Prenuptial Agreement to protect my established business interests and investment portfolio, with specific provisions for maintaining separate ownership of pre-existing assets while sharing future property acquisitions with my partner, to be effective from March 2025."

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Document background
The Cohabitation Prenuptial Agreement is a vital document for unmarried couples in Ireland who wish to establish clear arrangements regarding their financial affairs and property rights before beginning cohabitation. While such agreements are not explicitly recognized in Irish legislation, they can serve as important evidence of parties' intentions in legal proceedings. This document becomes particularly relevant in the context of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, which provides certain rights to qualified cohabitants. The agreement typically includes comprehensive details about asset ownership, financial responsibilities, property division, and dispute resolution mechanisms. It requires full financial disclosure from both parties and independent legal advice to enhance its chances of being considered by courts if challenged.
Suggested Sections

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

2. Background: Context of the agreement, including the parties' intention to live together and their desire to regulate their financial affairs

3. Definitions: Key terms used throughout the agreement

4. Purpose and Intent: Clear statement of the parties' intentions and acknowledgment of legal status of cohabitation agreements in Ireland

5. Independent Legal Advice: Confirmation that both parties have received independent legal advice

6. Property Rights: Detailed provisions regarding ownership and division of property during and after cohabitation

7. Financial Arrangements: Agreement on handling of day-to-day finances, joint accounts, and expenses

8. Debts and Liabilities: Treatment of existing and future debts, and allocation of financial responsibilities

9. Termination Provisions: Circumstances and procedures for terminating the agreement or cohabitation

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

11. Governing Law: Confirmation that the agreement is governed by Irish law

Optional Sections

1. Children: Provisions regarding existing or future children, including financial responsibilities (included when parties have or plan to have children)

2. Pets: Arrangements for pet ownership and care (included when parties have or plan to have pets)

3. Business Interests: Protection of business assets and income (included when either party owns a business)

4. Inheritance Rights: Specific provisions regarding inheritance rights and waivers (included when parties wish to address succession matters)

5. Pension Rights: Arrangements regarding pension benefits (included when parties have significant pension assets)

6. International Assets: Provisions for assets held outside Ireland (included when parties have foreign assets)

7. Gifts and Inheritances: Treatment of gifts or inheritances received during cohabitation (included when significant gifts/inheritances are expected)

8. Living Arrangements: Specific provisions about shared living arrangements and household responsibilities (included when parties want detailed domestic arrangements)

Suggested Schedules

1. Schedule A - Financial Disclosure: Detailed statement of each party's assets, liabilities, and financial circumstances at the time of agreement

2. Schedule B - Property Inventory: List and details of all properties owned by either party

3. Schedule C - Personal Property: Inventory of significant personal belongings and their agreed ownership

4. Schedule D - Joint Purchases: Agreement on how joint purchases will be documented and owned

5. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from each party's legal advisor

6. Appendix 2 - Property Valuations: Professional valuations of significant assets

7. Appendix 3 - Financial Statements: Recent financial statements, tax returns, and other relevant financial documentation

Authors

Alex Denne

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

alex.den.21@genieai.co
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