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Co Habitation Agreement for Hong Kong

Co Habitation Agreement Template for Hong Kong

A comprehensive legal document governed by Hong Kong law that establishes and regulates the rights, responsibilities, and obligations between two individuals who have chosen to live together without entering into marriage. The agreement covers various aspects including property rights, financial arrangements, living expenses, asset division, and dispute resolution mechanisms. It provides legal clarity and protection for both parties within Hong Kong's common law system, where specific cohabitation legislation does not exist but general contract law principles apply.

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What is a Co Habitation Agreement?

A Co Habitation Agreement is essential for unmarried couples in Hong Kong who choose to live together and wish to establish clear legal frameworks for their relationship. Given that Hong Kong law does not provide specific statutory protection for cohabiting couples unlike married partners, this agreement serves as a crucial legal tool to define property rights, financial responsibilities, and living arrangements. The document typically includes provisions for shared expenses, property ownership, bank accounts, dispute resolution, and termination conditions. It's particularly important in Hong Kong's common law jurisdiction where property values are high and financial implications of relationship breakdown can be significant. The agreement can be customized to address specific circumstances such as existing assets, children, or business interests, providing certainty and protection for both parties in the absence of matrimonial law protection.

What sections should be included in a Co Habitation Agreement?

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: Definitions of key terms used throughout the agreement

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

5. Living Arrangements: Details of shared residence and living arrangements

6. Financial Arrangements: How routine expenses, bills, and living costs will be shared

7. Property Rights: Ownership and rights regarding shared and individual property

8. Bank Accounts: Management of joint and individual bank accounts

9. Debts and Liabilities: Handling of existing and future debts and financial responsibilities

10. Dispute Resolution: Process for resolving disagreements between the parties

11. Termination: Circumstances and process for ending the agreement

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

13. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments

What sections are optional to include in a Co Habitation Agreement?

1. Children: Include when there are children involved - covering care arrangements, financial responsibility, and decision-making

2. Pets: Include when there are shared pets - covering ownership, care responsibilities, and costs

3. Business Interests: Include when parties have shared business interests or work together

4. Healthcare Decisions: Include when parties want to address medical decision-making rights

5. Inheritance Provisions: Include when parties want to specify inheritance rights beyond statutory provisions

6. Insurance: Include when addressing shared insurance policies or beneficiary designations

7. Intellectual Property: Include when either party has significant IP assets or shared creative works

8. Religious or Cultural Observances: Include when specific religious or cultural practices need to be addressed

What schedules should be included in a Co Habitation Agreement?

1. Schedule 1 - Property Inventory: Detailed list of shared and individual property owned by each party at the time of agreement

2. Schedule 2 - Financial Statement: Current financial position of each party including assets and liabilities

3. Schedule 3 - Household Expenses: Breakdown of shared household expenses and payment responsibilities

4. Schedule 4 - Contact Information: Important contact details including emergency contacts and professional advisors

5. Appendix A - Proof of Assets: Supporting documentation for major assets mentioned in the agreement

6. Appendix B - Property Documents: Copies of relevant property documentation including leases or ownership certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Publisher

Ƶ

Cost

Free to use

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