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Common Law Partner Agreement Template for England and Wales

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Key Requirements PROMPT example:

Common Law Partner Agreement

"I need a Common Law Partner Agreement to cover my upcoming cohabitation with my partner starting March 2025, with particular focus on our shared property purchase and joint business venture in Manchester."

Document background
Common Law Partner Agreements have become increasingly important in England and Wales as more couples choose to cohabit without marriage. This document provides a framework for managing shared assets, finances, and responsibilities while protecting both parties' interests. The agreement is particularly crucial as English law doesn't recognize 'common law marriage,' making such agreements essential for establishing clear rights and obligations. Common Law Partner Agreements typically address property ownership, financial contributions, debt management, and separation procedures, offering security and clarity for both parties.
Suggested Sections

1. Parties: Identification and details of both partners

2. Background: Context of the relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Property Arrangements: Details of shared property ownership and rights

5. Financial Arrangements: Management of joint finances and separate assets

6. Termination: Circumstances and process for ending the agreement

Optional Sections

1. Children: Parental responsibilities and arrangements for existing or future children

2. Pets: Ownership and care arrangements for shared pets

3. Business Interests: Management of shared business interests and ventures

4. Inheritance Provisions: Specific arrangements for inheritance between partners

Suggested Schedules

1. Schedule of Assets: Detailed list of individual and joint assets owned by the partners

2. Schedule of Properties: Details of all properties owned separately or jointly by the partners

3. Financial Schedule: Breakdown of financial contributions and arrangements between partners

4. Independent Legal Advice Certificates: Confirmation certificates that both parties received independent legal advice

Authors

Alex Denne

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

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Industries

Family Law Act 1996: Key legislation governing occupation rights and domestic violence protection, particularly Part IV. Essential for defining residential rights and safety measures in the agreement.

Trusts of Land and Appointment of Trustees Act 1996: Governs property ownership and rights between cohabitating couples. Critical for establishing and protecting property interests between common law partners.

Children Act 1989: Fundamental legislation for addressing parental responsibility and children's welfare in the agreement if partners have or plan to have children.

Law of Property Act 1925: Defines legal framework for property ownership and transfer, including distinctions between joint tenancy and tenancy in common arrangements.

Inheritance (Provision for Family and Dependants) Act 1975: Establishes framework for inheritance rights and potential claims by dependants, important for protecting partners' interests after death.

Civil Partnership Act 2004: Relevant for distinguishing the common law partnership agreement from civil partnership rights and obligations.

Mental Capacity Act 2005: Ensures parties have sufficient mental capacity to understand and enter into the agreement, protecting its validity.

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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