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Family Cohabitation Notes

LPC Law Notes > Family Notes

This is an extract of our Family Cohabitation document, which we sell as part of our Family Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Family Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

FL WS6
Cohabitation Agreement

11 May 2018

Nature and effect


Arrangements that will apply while they are living together and rights on the breakdown of the relationship
Can deal with ownership of property, finances, children and other matters
Best not to include trivial or personal matters ie. housework, bedroom

Amendments
















Unequal contribution- but own as joint tenants: suggest tenants in common with unequal shares, benefit to children in previous relationship
One side pay all mortgage and outgoings
Formatting
Drafting on hypothetical situation is pre-mature ie. children (and court will see children's welfare as most important)
Recitals: independent legal advice (enforceability), disclosure, details on property (payment, intended use)
Dispute resolution clause: go into arbitration
Deed
Recital- independent legal advice/ FFD/ costs of purchase
Cl 1- Ok but credit higher %
Cl 2-6- check instructions e.g. JT/ TIC and %
Cl 7- Ok, re-number
Cl 8- Re-number and refer to clause 2/ instructions
Cl 9-12- check instructions
Cl 13- Ok?
Cl 14- not binding and premature
Cl 15- omit- goes to legal intention
Missing

Recitals as above

Pensions

Insurance

Wills/ LPAs

Agreement as to PR
o % share on sale or valuation mechanism to include non-financial contributions?
o Review clause
Schedules

Duncan: capital, income, pension, sole contents

Emma: capital, income, pension

Joint contents

Enforceability and validity once signed



Timings- sign after moved in to avoid argument ie. undue influence: I only signed it because she would refuse to move in
TOLATA
Issues to be considered re validity:
o Illegality on grounds of public policy- try to avoid

Undue influence

Intention to create legal relations

Certainty

consideration
Enforcement- general rules of contract will apply
No reported case on enforceability Sutton v Mishcon de Reya 2003 (p.271)

Buy the full version of these notes or essay plans and more in our Family Notes.