Fillable Printable Sample Cohabitation Agreement
Fillable Printable Sample Cohabitation Agreement
Sample Cohabitation Agreement
Sample Cohabitation Agreement
Written by Louwrens Koen
Friday, 18 May 2012 15:47 - Last Updated Sunday, 20 May 2012 10:27
COHABITATION AGREEMENT
Between
(The 1
st
Party)
and
(The 2
nd
Party)
PREAMBLE
WHEREAS
1. The parties are currently living together in a domestic partnership and intend to continue
living together in this arrangement;
2. The parties wish to define their respective proprietary rights and liabilities arising from their
domestic partnership arrangement;
3. The parties each acknowledge that they enter into this agreement voluntarily, without any
duress or undue influence, and that each has had the opportunity to consult with an attorney of
his/her choice;
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Sample Cohabitation Agreement
Written by Louwrens Koen
Friday, 18 May 2012 15:47 - Last Updated Sunday, 20 May 2012 10:27
THE PARTIES AGREE:
1. Marital Status
The joint residency of the parties shall in no way render the parties married in any way, whether
by operation of common law or any other law.
2. The Agreement
2.1 This Agreement consists solely of the mutual promises contained herein and the mutual
promises of each party to act as the living companion and partner to the other.
2.2 This Agreement fully contemplates and compensates any and all services provided by
either party for the benefit of the other during the course of their joint residency. The furnishing
of sexual services shall in no way be construed as consideration for this Agreement.
3. Disclosure of Current Financial Status
Each party has fully and completely, to the best of his/her knowledge, disclosed to the other
party his/her current financial condition including all assets and liabilities. Each party has
attached a balance sheet to this agreement indicating his/her current assets and liabilities with
the understanding that this balance sheet reflects his/her current financial status to the best of
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Sample Cohabitation Agreement
Written by Louwrens Koen
Friday, 18 May 2012 15:47 - Last Updated Sunday, 20 May 2012 10:27
his/her ability.
4. Division of Living Expenses
Necessary and jointly approved living expenses shall be divided between the parties as below:
4.1 The 1
st
Party shall contribute _____________ percent ( ____%) per month;
4.2 The 2
nd
Party shall contribute _____________ percent ( ____%) per month.
The parties shall contribute their monthly pro rata contributions into the joint savings/current
account of the parties. Any property purchased using funds in this account shall be considered
to be the joint property of the parties and owned according to the respective party’s percentage
of contribution as stated above. Either party may draw upon this checking account.
5. Separate Property
Thefollowing properties shall be kept by the parties as the separate property of the recipient
and the said properties shall not be subject to division at the termination of this Agreement:
5.1 All and any property, real or personal, owned by a specific party at the date of execution
of this Agreement;
5.2 Individual gifts, bequests or inheritances acquired before or after the execution of this
Agreement;
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Sample Cohabitation Agreement
Written by Louwrens Koen
Friday, 18 May 2012 15:47 - Last Updated Sunday, 20 May 2012 10:27
5.3 Individual earnings, salary or wages acquired before or after the execution of this
Agreement;
5.4 All income or proceeds derived from the aforementioned properties.
6. Commingling of Property
All commingled property shall be presumed to be joint property of the parties unless otherwise
agreed.
7. Joint Property
All property acquired by the parties after the date of execution of this Agreement and before the
termination of this Agreement and procured jointlywith joint resources and funds shall be
considered joint property of the parties witheachparty possessinghis/her aforementioned
percentage of ownership.
8. Division of Property upon Termination
Upon termination of this Agreement or termination of the joint residency, all jointly owned
property shall be divided among the parties according to their pro rata share listed above. If the
parties are unable to agree on the appropriate division of joint property, they may appoint an
independent and mutually agreed upon Third-party to act as Appraiser. The Appraiser shall
divide the property among the parties according to his/her pro ratashare.
9. Duty of Good Faith and Confidentiality
9.1 This Agreement creates a fiduciary relationship between the parties in which each party
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Sample Cohabitation Agreement
Written by Louwrens Koen
Friday, 18 May 2012 15:47 - Last Updated Sunday, 20 May 2012 10:27
agrees to actwith the utmostofgood faith and fair dealing toward the other in the management
of their joint property and in all other aspects of this Agreement.
9.2 Without obtaining a parties’ written consent in advance, a party shall not directly or
indirectly publish, or cause to be published, any diary, memoir, letter, story, photograph,
interview, article, essay, account, or description or depiction of any kind whatsoever, whether
fictionalised or not, concerning the relationship or any other aspect of a parties’ personal,
business or financial affairs, or assist or provide information to others in connection with the
publication or dissemination of any such material or excerpts thereof.
10. Legal Names of Parties
Each party shall retain his/her legal name, including surname, as printed and signed in this
Agreement.
11. Duration of Agreement
This Agreement shall become effective at the date of execution and shall remain in effect until
termination.Termination shall be effected by written notice by either party, cessation of the joint
residency by either party or death of either party. Either party may terminate this Agreement
unilaterally at any time.
12. Death of Party
Upon the death of either party, the surviving party waives all rights to support by the deceased
party.
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Sample Cohabitation Agreement
Written by Louwrens Koen
Friday, 18 May 2012 15:47 - Last Updated Sunday, 20 May 2012 10:27
13. Complete Agreement
It is the intent of the parties that this Agreement be the full and complete agreement between
the parties regarding their joint residency. No variation of this agreement shall be of force or
effect unless reduced to writing and signed by both parties.
14. Severability of Provisions
Should any paragraph orprovision of this Agreement be held invalid, void, or otherwise
unenforceable, it is the intent of the parties that the remaining portions shall nevertheless
continue in full force and effect without impairment.
15. Governing Law
This Agreement shall be governed by, interpreted and construed in accordance with the laws of
the Republic of South Africa.
DATED at this day of 201_
AS WITNESSES:
1.
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Sample Cohabitation Agreement
Written by Louwrens Koen
Friday, 18 May 2012 15:47 - Last Updated Sunday, 20 May 2012 10:27
2. ____________________________
DATED at this day of 201_
AS WITNESSES:
1.
2.
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