The Co Habitation Agreement serves as a crucial legal instrument in Malaysia for individuals who choose to live together without entering into marriage. This document becomes particularly important in the Malaysian context where cohabitation relationships lack formal legal recognition, making it essential to establish clear contractual arrangements between parties. The agreement typically covers property ownership, financial responsibilities, household expenses, and dispute resolution mechanisms. It's designed to protect both parties' interests while operating within Malaysia's legal framework, which includes both civil and Shariah law considerations. The document should be drafted with sensitivity to local cultural and religious norms while ensuring practical aspects of the cohabitation arrangement are comprehensively addressed. This type of agreement is particularly recommended for couples with significant assets, shared property interests, or complex financial arrangements.
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1. Parties: Identification and details of the cohabiting parties
2. Background: Context of the agreement, relationship status, and intention to cohabit
3. Definitions: Key terms used throughout the agreement
4. Duration of Agreement: Term of the agreement and conditions for renewal or termination
5. Living Arrangements: Details of shared residence and living arrangements
6. Financial Arrangements: Division of household expenses, utilities, and other regular costs
7. Property Rights: Ownership and rights regarding shared and individual property
8. Bank Accounts: Management of joint and individual bank accounts
9. Debts and Liabilities: Handling of existing and future debts and financial obligations
10. Dispute Resolution: Process for resolving disagreements between parties
11. Termination: Circumstances and process for ending the agreement
12. Governing Law: Confirmation that Malaysian law governs the agreement
13. Severability: Provision ensuring rest of agreement remains valid if any part is found unenforceable
1. Children: Arrangements regarding existing children or future children - include when parties have or plan to have children
2. Pets: Arrangements for pet ownership and care - include when parties have or plan to have pets
3. Business Interests: Protection of business assets and interests - include when either party owns a business
4. Insurance: Arrangements regarding life, health, or property insurance - include when parties share insurance policies
5. Intellectual Property: Protection of intellectual property rights - include when either party has significant IP assets
6. Religious Considerations: Acknowledgment of religious requirements - include when relevant to either party
7. Healthcare Decisions: Authority for medical decisions - include if parties want to grant each other healthcare decision rights
8. Vehicle Ownership: Arrangements for shared vehicles - include when parties share vehicles
1. Schedule 1: Asset Inventory: Detailed list of each party's assets brought into the cohabitation
2. Schedule 2: Shared Property: List of jointly owned property and agreed ownership percentages
3. Schedule 3: Financial Obligations: Detailed breakdown of shared expenses and payment responsibilities
4. Schedule 4: Property Ownership Documents: Copies of property titles, rental agreements, or other relevant property documents
5. Appendix A: Agreed Form of Expense Records: Template for tracking and recording shared expenses
6. Appendix B: Dispute Resolution Procedures: Detailed procedures for handling disputes
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