Divorce Cohabitation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Divorce Cohabitation Agreement

"I need a Divorce Cohabitation Agreement to establish living arrangements with my new partner following my divorce, specifically addressing the shared ownership of our London property and arrangements for my two children who will live with us part-time."

Document background
A Divorce Cohabitation Agreement is essential when divorced individuals decide to live together in England and Wales. This document outlines the practical and financial arrangements of their cohabitation, protecting both parties' interests after their respective divorces. It typically includes provisions for property rights, financial responsibilities, asset protection, and arrangements regarding children from previous marriages. The agreement helps prevent future disputes and provides clarity on each party's rights and obligations under English law.
Suggested Sections

1. Parties: Details of the cohabiting parties, including full names, addresses, and relevant personal information

2. Background: Context of the divorce and decision to cohabit, including relevant dates and circumstances

3. Definitions: Key terms used throughout the agreement including Property, Shared Expenses, Cohabitation Period

4. Property Rights: Details of property ownership, occupation rights, and responsibilities regarding the shared residence

5. Financial Arrangements: Division of expenses, bill payments, and financial responsibilities during cohabitation

6. Duration and Termination: Term of the agreement and circumstances under which it can be terminated

Optional Sections

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

2. Pets: Arrangements for ownership, care, and expenses related to shared pets

3. Maintenance Payments: Details of ongoing maintenance obligations from previous marriages and how they affect the household

4. Pension Arrangements: Treatment of pension rights and existing pension sharing orders

Suggested Schedules

1. Schedule 1: Property Inventory: Detailed list of shared and individual property items brought into the cohabitation

2. Schedule 2: Financial Statement: Current financial positions of both parties including assets, liabilities, and income

3. Schedule 3: Household Expenses: Itemized breakdown of shared living costs and allocation of responsibilities

4. Appendix A: Property Documents: Copies of property deeds, rental agreements, or other relevant property documentation

5. Appendix B: Court Orders: Copies of divorce orders, financial settlements, and other relevant court documents

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: Key legislation governing domestic occupation rights, particularly Part IV which deals with rights to occupy the family home and protection from domestic violence

Trusts of Land and Appointment of Trustees Act 1996: Governs property ownership rights and beneficial interests in property, crucial for determining how property is held and divided in cohabitation arrangements

Children Act 1989: Fundamental legislation ensuring children's welfare remains paramount in any arrangements, including living arrangements and financial provision

Matrimonial Causes Act 1973: Though primarily divorce-focused, provides important framework for understanding financial arrangements post-divorce that may affect cohabitation

Human Rights Act 1998: Ensures compliance with human rights, particularly Article 8 (right to private and family life) and Article 1 Protocol 1 (protection of property)

Common Law Principles: Includes contract law principles, doctrine of undue influence, and principles of constructive and resulting trusts that affect cohabitation agreements

Stack v Dowden [2007]: Landmark case law establishing principles for determining shares in property where there is joint ownership

Jones v Kernott [2011]: Key case law providing guidance on quantifying beneficial interests in shared property

Land Registration Act 2002: Governs the registration of land and property rights, crucial for documenting property ownership arrangements

Law of Property Act 1925: Fundamental property law legislation affecting how property can be held and transferred

Equality Act 2010: Ensures protection against discrimination in arrangements and provides framework for fair treatment

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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