The Non Cohabitation Agreement is a crucial legal instrument under Irish law for individuals who need to clearly establish their intention to maintain separate lives while potentially sharing certain spaces or having ongoing interactions. This document becomes particularly relevant in situations where parties wish to protect their individual rights and avoid the legal implications of being considered cohabiting partners under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. It typically includes detailed provisions about separate residences, financial independence, property ownership, and any shared responsibilities, while explicitly stating the parties' intention not to be considered cohabitants. The agreement is especially important in Ireland where qualified cohabitants may acquire certain rights after living together for a specified period.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and occupations
2. Background: Context of the agreement, including the parties' relationship status and their intention to maintain separate lives while sharing certain spaces or responsibilities
3. Definitions: Key terms used throughout the agreement, including 'separate living', 'shared spaces', 'personal property', etc.
4. Purpose of Agreement: Clear statement of intention to maintain separate lives and not to be considered cohabiting partners under Irish law
5. Living Arrangements: Detailed description of how the parties will maintain separate residences and lives
6. Financial Independence: Declaration of financial separation and individual responsibility for personal expenses
7. Property Rights: Clear designation of separate ownership of property and assets
8. Mutual Obligations: Any ongoing obligations between parties, while maintaining non-cohabitation status
9. Duration and Review: Term of the agreement and circumstances for review or modification
10. Termination: Circumstances and process for terminating the agreement
11. Governing Law: Confirmation that the agreement is governed by Irish law
12. Signatures and Attestation: Formal execution section including witness requirements
1. Shared Property Arrangements: Used when parties share ownership of certain properties or assets while maintaining separate lives
2. Children and Parenting: Include when parties have children together but maintain separate households
3. Business Interests: Required when parties have shared business interests while maintaining separate personal lives
4. Insurance and Benefits: Include when parties need to address medical insurance or other benefits that might imply cohabitation
5. Dispute Resolution: Optional section detailing mediation or arbitration procedures for resolving disagreements
6. Future Relationships: Addresses how the agreement affects future relationships with other parties
7. Emergency Contacts: Used when parties wish to maintain certain emergency contact rights despite non-cohabitation
1. Schedule A - Property Inventory: Detailed list of each party's separate property and assets
2. Schedule B - Financial Disclosure: Statement of each party's financial position at the time of the agreement
3. Schedule C - Shared Space Rules: If applicable, rules and arrangements for any shared spaces while maintaining separate lives
4. Appendix 1 - Legal Advice Certificates: Certificates confirming independent legal advice received by each party
5. Appendix 2 - Proof of Separate Residences: Documentation confirming separate living arrangements
6. Appendix 3 - Financial Independence Declaration: Sworn statements regarding financial independence of each party
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