Cohabitation Agreement After Divorce Template for England and Wales

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Key Requirements PROMPT example:

Cohabitation Agreement After Divorce

"I need a Cohabitation Agreement After Divorce for me and my partner, as we're both previously divorced and planning to move in together in March 2025, with specific provisions needed for protecting our separate business assets and arrangements for my two children from my previous marriage."

Document background
A Cohabitation Agreement After Divorce is essential for individuals in England and Wales who have experienced divorce and are entering into new living arrangements without remarrying. This document becomes particularly important as cohabiting couples lack the same legal protections as married couples under current legislation. The agreement typically covers property rights, financial responsibilities, and arrangements for potential separation. It provides security and clarity for both parties, especially important given their previous experience with marriage dissolution. The document can address specific concerns arising from previous divorces, such as protecting assets, managing existing financial obligations, and clarifying arrangements regarding children from previous marriages.
Suggested Sections

1. Parties: Details of the cohabiting parties including full names and current addresses

2. Background: Context including previous marriages, divorces, and current living situation

3. Definitions: Key terms used throughout the agreement

4. Property Ownership: Details of property ownership, shares, and rights

5. Financial Arrangements: Day-to-day financial responsibilities and arrangements

6. Termination: Circumstances and process for ending the agreement

Optional Sections

1. Children Arrangements: Provisions for arrangements regarding children from previous marriages, including contact and financial responsibilities

2. Pets: Arrangements for pet ownership, care responsibilities and financial obligations

3. Business Interests: Protection and separation of business interests owned by either party

4. Inheritance Rights: Specific provisions regarding inheritance rights and estate planning

Suggested Schedules

1. Schedule 1: Property Inventory: Detailed list of shared and individual property ownership

2. Schedule 2: Financial Schedule: Detailed breakdown of financial contributions and responsibilities

3. Appendix A: Property Documents: Copies of property ownership documents and mortgages

4. Appendix B: Previous Divorce Orders: Copies of relevant divorce orders and arrangements

Authors

Alex Denne

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

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Family Law Act 1996: Primary legislation governing occupation rights and property arrangements in family matters. Key for defining living arrangements and property rights between cohabiting partners.

Trusts of Land and Appointment of Trustees Act 1996 (TOLATA): Legislation governing property ownership and rights, particularly relevant for determining beneficial interests in shared property between cohabiting partners.

Children Act 1989: Fundamental legislation ensuring children's welfare remains paramount in any arrangements. Must be considered if children are involved in the cohabitation arrangement.

Law of Property Act 1925: Core property legislation dealing with legal requirements for property transfers, ownership rights and interests in land.

Common Law Principles: Legal principles covering constructive trusts, resulting trusts, and proprietary estoppel, which are essential for determining informal property rights between cohabiting partners.

Stack v Dowden [2007]: Landmark case law establishing principles for determining property shares between cohabiting couples, particularly regarding beneficial interests.

Jones v Kernott [2011]: Key case law refining principles for property division between unmarried couples and the assessment of intended share distributions.

Contract Law Principles: Fundamental principles including capacity to contract, consideration, and intention to create legal relations, essential for creating a valid cohabitation agreement.

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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