Pre Cohabitation Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Pre Cohabitation Agreement

"I need a Pre Cohabitation Agreement for a Hong Kong-based couple where one partner owns multiple properties and a technology startup; the agreement should specifically address intellectual property rights and the protection of business assets while ensuring fair treatment of shared living expenses starting March 2025."

Document background
A Pre Cohabitation Agreement serves as a crucial legal tool for couples in Hong Kong who plan to live together without entering into marriage. This document becomes particularly important given that Hong Kong law doesn't provide specific statutory protections for cohabiting couples unlike married partners. The agreement typically addresses key aspects such as property ownership, financial obligations, household expenses, and the division of assets in case of separation. It's especially relevant for individuals with significant assets, business interests, or those seeking clarity in their living arrangements. The document should comply with Hong Kong's contract law principles and related ordinances to ensure enforceability. Legal counsel is typically recommended for both parties to ensure their interests are properly protected and the agreement meets all legal requirements under Hong Kong law.
Suggested Sections

1. Parties: Identification and details of the cohabiting partners entering into the agreement

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

3. Definitions: Key terms used throughout the agreement defined for clarity

4. Duration and Commencement: When the agreement takes effect and how long it will last

5. Living Arrangements: Details of shared residence, ownership/rental arrangements, and household responsibilities

6. Financial Arrangements: How routine expenses, bills, and joint purchases will be handled

7. Property Rights: Treatment of individually and jointly owned property during and after cohabitation

8. Bank Accounts and Finances: Management of joint and individual accounts, savings, and investments

9. Debts and Liabilities: Handling of existing and future debts, loans, and financial obligations

10. Termination: Circumstances and process for ending the agreement and cohabitation

11. Dispute Resolution: Process for resolving disagreements and conflicts

12. Governing Law: Confirmation that Hong Kong law governs the agreement

13. Severability: Statement that invalid provisions don't affect the entire agreement

14. Entire Agreement: Confirmation that this document represents the complete agreement between parties

Optional Sections

1. Children: Arrangements for existing children or future children, used when either party has or plans to have children

2. Pets: Arrangements for pet ownership and care, included when the couple has or plans to have pets

3. Business Interests: Protection of business assets and intellectual property, used when either party owns a business

4. Death and Incapacity: Provisions for what happens in case of death or mental incapacity, recommended for longer-term relationships

5. Insurance: Arrangements for life, health, or property insurance, useful for shared policies

6. Gifts and Inheritances: Treatment of gifts and inheritances received during cohabitation, important for wealthy individuals

7. Confidentiality: Privacy provisions regarding relationship details and agreement terms, important for high-profile individuals

8. Foreign Assets: Handling of overseas properties and investments, needed when parties have international assets

Suggested Schedules

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

2. Schedule 2: Property Inventory: List of all significant personal and real property owned by each party

3. Schedule 3: Shared Property: Inventory of jointly owned items and agreed-upon ownership percentages

4. Schedule 4: Household Expenses: Breakdown of regular household expenses and agreed contribution proportions

5. Schedule 5: Pre-existing Obligations: List of existing financial commitments, loans, or obligations of each party

6. Appendix A: Property Documents: Copies of property titles, leases, or relevant property documentation

7. Appendix B: Financial Documents: Copies of relevant financial statements, investment portfolios

8. Appendix C: Independent Legal Advice: Certificates of independent legal advice received by each party

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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