Non Marital Cohabitation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Non Marital Cohabitation Agreement

"I need a Non Marital Cohabitation Agreement to cover the shared ownership of our newly purchased house in London, with a 70-30 split of property and clear arrangements for household expenses, to be effective from March 2025."

Document background
Non Marital Cohabitation Agreements have become increasingly important in England and Wales as more couples choose to live together without getting married. This document should be used when unmarried couples begin cohabiting or are planning to cohabit, particularly when they own or plan to own property together, share financial responsibilities, or have joint assets. The agreement typically covers property rights, financial arrangements, separation provisions, and can include arrangements for children and pets. It provides legal clarity in a jurisdiction where cohabiting couples have limited automatic legal rights compared to married couples.
Suggested Sections

1. Parties: Details of the cohabiting parties entering into the agreement

2. Background: Context of the relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Property Ownership: Details of property ownership, including shares and beneficial interests

5. Financial Arrangements: How day-to-day expenses and bills will be managed and shared

6. Separation Provisions: Process and arrangements in case of relationship breakdown

Optional Sections

1. Children Arrangements: Arrangements for any children of the relationship - include when the couple has or plans to have children

2. Pets: Arrangements for pet ownership and care - include when the couple owns pets together

3. Business Interests: Protection of business assets and arrangements - include when either party owns a business

4. Inheritance Provisions: Arrangements regarding inheritance rights - include when parties wish to clarify inheritance matters

Suggested Schedules

1. Schedule 1: Property Inventory: List of jointly owned property and respective ownership shares

2. Schedule 2: Financial Disclosure: Summary of each party's financial position at time of agreement

3. Schedule 3: Household Contents: Inventory of household items and their ownership

4. Appendix A: Property Deeds: Copies of property ownership documents

5. Appendix B: Independent Legal Advice Certificates: Confirmation that both parties received independent legal advice

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

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Industries

Law of Property Act 1925: Primary legislation governing property rights and ownership in England and Wales, fundamental for establishing property arrangements between cohabitees

Trusts of Land and Appointment of Trustees Act 1996: Known as TOLATA, this act governs disputes about property ownership between unmarried couples and provides the framework for resolving property disputes

Family Law Act 1996: Part IV specifically deals with occupation rights in the family home, relevant for establishing living arrangements in cohabitation agreements

Civil Partnership Act 2004: Important for understanding the distinction between cohabitation rights and those of civil partners, helping define the scope of the agreement

Stack v Dowden [2007]: Landmark case law establishing principles for determining beneficial interests in property between unmarried couples

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

Children Act 1989: Essential legislation for including provisions relating to children in cohabitation agreements

Child Support Act 1991: Governs financial support for children, relevant when including child-related provisions in cohabitation agreements

Inheritance Act 1975: Relevant for understanding potential future claims and including provisions for inheritance rights in the agreement

Human Rights Act 1998: Ensures the agreement complies with human rights legislation, particularly regarding privacy and family life

Contract Law Principles: Basic principles of contract law that govern the enforceability of cohabitation agreements as standard contracts

Cohabitation Rights Bill: Proposed legislation (not yet law) that should be considered for awareness of potential future reforms in cohabitation rights

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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