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Pre Cohabitation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Pre Cohabitation Agreement

"I need a Pre Cohabitation Agreement to protect my business assets and define financial arrangements when moving in with my partner in March 2025, with specific provisions for maintaining separate ownership of our respective properties."

Document background
The Pre Cohabitation Agreement serves as a crucial legal framework for unmarried couples in England and Wales who plan to live together. This document should be used before cohabitation begins to establish clear terms regarding property rights, financial responsibilities, and arrangements in case of relationship breakdown. The agreement helps prevent future disputes by clearly documenting each party's rights and obligations, particularly important given that cohabiting couples lack the legal protections afforded to married couples. It typically includes provisions for property ownership, bill payment, savings, and separation arrangements.
Suggested Sections

1. Parties: Details of the cohabiting partners 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 and shares, including principles from Law of Property Act 1925 and TOLATA 1996

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

6. Termination: Circumstances and process for ending the agreement, including property division principles

Optional Sections

1. Children: Arrangements regarding existing or future children and their living arrangements

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

3. Business Interests: Protection of business assets and interests of either party

4. Inheritance: Provisions regarding inheritance rights and estate planning considerations

Suggested Schedules

1. Schedule of Assets: Detailed list of each party's assets brought into the relationship including property, investments, and personal items

2. Schedule of Property: Details of any jointly owned or occupied property including ownership shares and maintenance responsibilities

3. Financial Disclosure: Full financial disclosure from both parties including assets, liabilities, income and expenses

4. Certificates of Independent Legal Advice: Confirmation that both parties received independent legal advice before signing the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























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

Trusts of Land and Appointment of Trustees Act 1996 (TOLATA): Governs the rights of individuals with interest in land/property, particularly relevant for dispute resolution between cohabiting couples

Family Law Act 1996: Relevant for occupation rights and protection of cohabiting partners, particularly regarding the family home

Contract Law Principles: Fundamental principles ensuring the agreement is legally binding, including offer, acceptance, consideration, and intention to create legal relations

Unfair Contract Terms Act 1977: Ensures that contractual terms are fair and reasonable, protecting parties from unfair provisions

Consumer Rights Act 2015: May be relevant if the agreement involves consumer aspects or professional services

Jones v Kernott [2011] UKSC 53: Key case law establishing principles for determining property ownership shares between unmarried couples

Stack v Dowden [2007] UKHL 17: Landmark case providing guidance on property ownership presumptions and common intention constructive trusts

Constructive and Resulting Trusts: Equitable principles used to determine beneficial ownership where legal ownership does not reflect the parties' true intentions or contributions

Undue Influence and Duress Principles: Legal principles ensuring the agreement is entered into freely and without improper pressure from either party

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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