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Background to Agreement

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[Romeo] is a native of Verona, Italy, the second of three children, and was educated at local schools. After graduating from the University of Verona with a degree in Computer Science, he worked for four years in the US before returning to Verona to take up his current position as a software engineer with a web development company. [Romeo] is passionate about food and good wine, and there is probably nothing he enjoys more than preparing a gourmet meal for friends.
[Juliet] was born and spent her early years in Fisole near Florence, the elder of two children. In her teens she and her family moved to Milan. There she completed her studies as a music teacher by graduating from the University of Milan. After holding positions at a number of schools in Turin and Rome, she currently teaches at a Verona school. [Juliet] loves the outdoors and enjoys cycling, trekking and skiing, and is a keen gardener.
[Romeo] and [Juliet] first met at the marketplace in Verona on 16th June 2008, where they were introduced by mutual friends. From their first encounter each felt an attraction for the other. Over the months that followed their relationship blossomed. They spent many weekends together at Alpine resorts and lakes, and took three holidays, in Greece, Spain and Portugal.
[Romeo] proposed to [Juliet] on 16th June 2010, offering himself as a prospective partner in a lifelong union of shared love and commitment. [Juliet] agreed to consider his proposal. Each, recognising the seriousness and sanctity of the union in proposal, embarked on a journey to deepen their understanding of themselves, each other, their relationship as a couple and their prospective life as a family.
[Romeo] and [Juliet] over a period of months, explored together: their expectations of the married state; their compatibility of personality, interests and values; their readiness for union in marriage; their views of children and parenting roles; their intentions for sustaining their commitment; and their willingness to express their union of love in a contractual exchange of legally binding commitments.
[Romeo] and [Juliet], having completed to their journey of preparedness, and having revealed in mind, spirit and circumstances, each to the other as much as the other has sought, do now most earnestly seek to create a marriage, form a home and found a family.

1: Purpose of Agreement

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1.1

For the reasons set out below, and to achieve the benefits arising therefrom, [Romeo] and [Juliet] resolve to bring into being, as a foundation to their relationship of mutual love and affection, the legally-binding exchange of rights and responsibilities contained in this Agreement:

1.1.1

the CONTEMPLATION of their prospective Agreement focused the minds and spirits of [Romeo] and [Juliet] on the seriousness and sanctity of marriage, each recognising that it is to be considered and entered into only with sureness of vision, seriousness of intent and certainty of purpose.

1.1.2

the SHARING, through open and honest disclosure, of their individual natures, values and circumstances provided [Romeo] and [Juliet] with the opportunity to deepen their knowledge and understanding of themselves, of each other, and of their relationship, as it has developed in the past, as it stands currently and as they foresee it blossoming into the future.

1.1.3

the NEGOTIATION of mutual rights and responsibilities, as undertaken by [Romeo] and [Juliet] in creating their Agreement, provided the opportunity to discover and value each's empathetic capacity to appreciate the other's background, priorities and aspirations, and to see the world as each other sees it.

1.1.4

the PROVISIONS of their Agreement, created jointly, negotiated fairly and entered into freely, provide [Romeo] and [Juliet] with clarity of life purpose and provide a legally secure repository for their shared goals and dreams.

1.1.5

the PROTECTION provided by the Agreement enables [Romeo] and [Juliet] to guard their relationship, in all its aspects and circumstances, from interference by other persons, entities, including the State and agencies of the State.

1.1.6

the EXECUTION of the Agreement at their intended wedding provides [Romeo] and [Juliet] with the occasion to make a public declaration of their committed union and to invite, from the families or origin, friends and the wider community, recognition and blessing for the life they plan together.

1.1.7

the SUSTAINING of their Agreement into the future presents [Romeo] and [Juliet] with the challenge to nurture further their love for one another, their commitment to one another, and their dedication to a well-lived life – a challenge both [Romeo] and [Juliet] now embrace.

2: Scope of the Agreement

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2.1.1

[Romeo] and [Juliet] agree that the scope of their marital provisions are outlined in the following sections of this Agreement:

Section 5 – Marriage Provisions

Section 6 – Shared Home Provisions

Section 7 – Wealth Provisions

Section 8 – Parenting Provisions

Section 9 – Sustainability Provisions

Section 10 – Dissolution Provisions

Section 11 – General Provisions

2.1.2

[Romeo] and [Juliet] agree that the their intentions and obligations as outlined in Section 3 (Good Faith and Fair Dealing) and Section 4 (Full Disclosure) of this Agreement are fundamental to fulfilling their commitments outlined in Sections 5, 6, 7, 8, 9, 10 and 11 of this Agreement.

3.1: Intention to Form Legally Binding Relations Under Contract

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3.1.1

[Romeo] and [Juliet] acknowledge that this Agreement contains legal, valid and binding terms and provisions, and that it is their clear intention to create legal relations with one other that are enforceable in courts of law.

About: This clause makes it clear that the couple recognise that their Cohabitation Agreement is a contract in law, as opposed to a casual, non-binding arrangement, and that each partner intends to be legally bound by its terms and provisions.

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3.2: Capacity to Contract

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3.2.1

[Romeo] and [Juliet] declare that each has the capacity to execute this Agreement, and that neither is in any way impaired from so doing by reason of immaturity of age, character or judgement, physical or mental limitation, or any impairment of reasoning or perception arising from the consumption of intoxicating substances or use of medication.

About: In this clause each partner declares that they are physically and mentally capable of giving consent to a legally binding contract. (Lawyers sometimes call this the 'sane and sober' clause.)

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3.3: Full Understanding and Opportunity for Reflection

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3.3.1

[Romeo] and [Juliet] declare that each has had adequate opportunity to read, study and consider this Agreement and its attached Exhibits, that each fully understands all that they contain, and that each is aware of their legal rights and obligations under this Agreement.

About: In this clause each partner declares that they understand fully the Agreement they are agreeing to, and that each has had sufficient time to consider all the rights and responsibilities it creates.

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3.4: Exclusivity of Contract

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3.4.1

[Romeo] and [Juliet] declare that neither is currently party to any other contract which contains terms and provisions that might impede or limit their performance of any obligation under this Agreement.

3.4.2

For as long as this Agreement shall remain in effect, [Romeo] and [Juliet] waive the right to negotiate with and enter into contracts with others that contemplate the same or similar Purpose and encompass the same or similar Scope as this Agreement.

About: An exclusivity clause can make it clear that each partner wants to enter into a Cohabitation Agreement with only one person at one time.

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3.5: Privity of Contract

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3.5.1

[Romeo] and [Juliet] declare themselves to be the only parties to this Agreement.

3.5.2

With the exception of any successees or assignees designated in the Agreement, no other person or entity may claim rights or benefits under this Agreement.

About: In contract law the word privity means that, unless otherwise stated, a contract gives rights and benefits only to the parties who signed it. Other than children, other successees or other designated persons, the concept of privity states that no one else may claim rights or benefits from the contract.

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3.6: Status and Relationship of Parties

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3.6.1

[Romeo] and [Juliet] declare that, on entering into this Agreement, they do not grant any new or special rights or powers to the state of [Ireland] with regard to their persons, residential or other property, or income.

3.6.2

For the avoidance of doubt, [Romeo] and [Juliet] declare that, while they welcome recognition of their legally-binding marriage contract from their families, friends and the wider community, they expressly do not seek any alteration of their civil status from the state, whether by operation of common law or any application of any statute.

About: The state (of Ireland or anywhere else) is not a party to the Cohabitation Agreement. As a result, signing the Agreement does not give the state any new rights or powers over the couple that the state did not already have. To make this clear, couples may wish to include clauses such as those above.

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3.7: Advice of Independent Legal Counsel

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3.7.1

[Romeo] and [Juliet] declare that each has received independent legal advice with respect to the advisability of making the compromise and settlement provided for, and with respect to the advisability of executing this Agreement.

About: It's generally a good idea to get legal advice before signing a contract. In the case of a Cohabitation Agreement, legal advice – called advice of counsel – is absolutely essential. In this clause each partner declares that they have had the advice of counsel before agreeing to sign the contract.

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3.8: Consideration

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3.8.1

[Romeo] and [Juliet] declare that consideration for this Agreement consists solely of the mutual provisions contained in it. This Agreement fully contemplates and compensates any and all services provided by either party for the benefit of the other during the lifetime of this Agreement.

3.8.2

The furnishing of sexual services shall in no way be construed as consideration for this Agreement.

3.9: Modifications

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3.9.1

[Romeo] and [Juliet] declare that their Agreement may be modified only with the written and freely given consent of both parties, and only in accordance with the procedures set out in the Sustainability Provisions.

About: Over time the couple may wish to update their Cohabitation Agreement to reflect changed or changing circumstances. The purpose of a modifications clause is to recognise that such amendments may be necessary and to state how they are to be achieved. This clause protects each partner from having the contract amended without their agreement.

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3.10: Notices

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3.10.1

Any notice or consent required or permitted to be given under this Agreement shall be conveyed to the respective party in writing, by registered postl or by other method of recorded delivery at the address or to such other person that the relevant party may from time to time designate.

About: In contract law a notice is a written communication, given by one party to another, that contains important information or requests regarding the contract itself. The couple may wish to include a clause in their Cohabitation Agreement setting out clearly how such notices are to be sent and to where.

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3.11: Applicable Law

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3.11.1

[Romeo] and [Juliet] declare that this Agreement shall be governed by the laws of [Ireland], and that any litigation regarding this Agreement shall be filed in such courts of Ireland that have jurisdiction over contract law.

About: The laws of contract can differ between countries, and sometimes between different states, provinces or territories within countries. Couples can avoid what lawyers call disputes over jurisdiction by including a clause typically named 'Applicable Law' or 'Governing Law'. The clause names the country, and, if applicable, the state, province or territory within the country, that governs the Cohabitation Agreement.

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3.12: Absence of Coercion, Duress or other Compulsion

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3.12.1

[Romeo] and [Juliet] each declare that they enter into and execute the Agreement freely and voluntarily, on the basis of their own good judgement and the counsel of independent legal advisors, and without coercion, duress, undue influence or other form or degree of pressure, compulsion or intimidation.

About: In this clause each partner declares that they are agreeing to the Cohabitation Agreement voluntarily, without any duress or other pressure. In other words, no one is forcing or intimidating either person into signing the contract.

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3.13: Waiver

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3.13.1

[Romeo] and [Juliet] agree that neither shall seek to challenge the validity of their Agreement on any one or more of the following grounds: absence of intention to contract; incapacity to contract; ignorance or lack of understanding of the Agreement; or involuntary consent to the Agreement.

About: The waiver clause summarises various issues covered so far in this section, each one of which might potentially provide the basis for an attempt to challenge the validity of the Cohabitation Agreement. In this clause each party states that they waive (give up) any right to challenge the Agreement on any of the grounds itemised above.

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4.1: Personality and Values

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4.1.1

[Romeo] and [Juliet] recognise that an understanding of self, as it is formed by nature and shaped by circumstances, is the foundation to the understanding of others.

4.1.2

[Romeo] and [Juliet] have each sought, over time and in depth, to discover what in life and love that brings them most joy and fulfilment, and to identify the ways of living and loving that best enables each to maximise their personal gifts as partner, parent and citizen.

4.1.3

[Romeo] and [Juliet], aided by insights from the Myers-Briggs Type Inventory (MBTI), have each sought to discover the nature and extent of their personality preferences, and to explore and develop their self-awareness and self-understanding as regards their innate approaches to and outlook on life and love.

4.1.4

[Romeo] and [Juliet], again through the MBTI, have each worked to understand, both in everyday circumstances and in times of challenge, where they source their life energy and focus their attention, how they take in information, how they relate to the outer world and others around them, and how they set priorities, form opinions and make decisions.

4.1.5

[Romeo] and [Juliet], again through the MBTI, have sought to understand how their personality preferences affect their interactions as a couple. They have done so not merely to minimise occasions of miscommunication and misunderstanding, but also to understand and value each other's gifts, learn how to give and receive appreciation and love, and discover, as they advance through successive life stages, how each can best contribute to the personal growth and development of the other.

4.1.6

[Romeo] and [Juliet] have each completed the online MBTI® Complete process and obtained their results in a personalised Interpretive Report - Form M (B), copies of which are attached to this Agreement as part of Exhibit Set C.

About: In this set of clauses the couple describes the efforts they have made to understand better their two personalities, and to discover how their personalities affect the dynamics and development of their relationship.

As evidence of their efforts they refer to their Myers-Briggs Type Inventory (MBTI) reports attached as Exhibits to their Cohabitation Agreement.

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4.2: Relationship Expectations

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4.2.1

[Romeo] and [Juliet] recognise the seriousness and sanctity of legal union, a state to considered and entered into only with sureness of vision, seriousness of intent and certainty of purpose.

4.2.2

[Romeo] and [Juliet] have each sought, over time and in depth, to deepen their knowledge and understanding of themselves, of each other, and of their relationship, as it has developed in the past, as it stands currently and as they foresee it blossoming into the future.

4.2.3

[Romeo] and [Juliet], aided by insights from the Couple Checkup Marital Readiness Inventory, have sought to discover where they stand with regard to issues that are vital in a committed relationship, to appreciate and affirm the positives that make their relationship loving, nurturing and special, to identify all issues that effect how their relationship can thrive and grow, and to express and share their deepest expectations of their future together.

4.2.4

[Romeo] and [Juliet], have each completed the online Couple Checkup process and obtained their results in a personalised Couple Checkup Feedback Report, a copy of which are attached to this Agreement as part of Exhibit Set C.

4.2.5

[Romeo] and [Juliet], in a dialogue facilitated by a certified relationship professional, have each additionally explored and shared all issues arising from their engagement with the Couple Checkup process. A copy of the professional's report is attached to this Agreement as part of Exhibit Set C.

4.3: Kinship and Heritage

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4.3.1

[Romeo] and [Juliet], valuing the rich and unique biological lineage vested by their forebears in them, have each researched and documented their family tree, copies of which are attached to this Agreement as part of Exhibit Set C.

4.3.2

[Romeo] and [Juliet], valuing the rich and unique biological lineage vested by their forebears in them, have researched and documented their DNA heritage, copies of which are attached to this Agreement as part of Exhibit Set C.

4.4: Financial Values and Aspirations

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4.4.1

[Romeo] and [Juliet] have reflected on and shared their financial values and aspirations.

4.4.2

[Romeo] and [Juliet] have each completed the Colour of Money Questionnaire, copies which are attached to this Agreement as part of Exhibit Set C.

4.4.3

[Romeo] and [Juliet] have each fully and completely disclosed to each other their current financial position as documented in their respective Net Worth Statements, copies which are attached to this Agreement as part of Exhibit Set C.

4.4.4

[Romeo] and [Juliet] have each fully and completely disclosed to each other their incomes and expenditures for the period of three years prior the date of this Agreement. Copies of their respective statements are attached to this Agreement as part of Exhibit Set C.

5.1: Offer and Acceptance

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5.1.1

In this Agreement, created lovingly, considered carefully and embraced freely, [Romeo] and [Juliet] do offer and accept each other as husband and wife.

5.2: Public Witness and Recognition

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5.2.1

In this Agreement, constituted by them as a couple and celebrated by them publicly, [Romeo] and [Juliet] do invite recognition of their mutual and loving commitments from their families, friends and the wider community.

5.3: The State as Guarantor of Couple Commitments

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5.3.1

In this Agreement, with its binding exchange of rights and obligations, [Romeo] and [Juliet] do empower the state of [Ireland] to act as supreme guarantor, in spirit and in law, of their couple-created, mutually-exchanged and publicly-celebrated rights and obligations.

5.4: Lasting Power of Attorney for Personal Care

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5.4.1

[Romeo] and [Juliet] agree that, in caring for each other and as an expression of trust, in the event that either becomes legally incapacitated, the other shall act as their Lasting Power of Attorney for Personal Care.

5.4.2

[Romeo] and [Juliet][Romeo] and [Juliet] have completed the relevant Lasting Power of Attorney for Personal Care documentation, copies of which are attached to this Agreement as part of Exhibit Set D.

5.5: Sharing of Common Last Name

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5.5.1

[Romeo] and [Juliet] agree that, following the execution of this Agreement, they shall share in common the surname of [Montague].

5.5.2

[Romeo] and [Juliet] state that the relevant documentation regarding the change of last name has been completed, copies of which are attached to this Agreement as part of Exhibit Set D.

6.1: Shared Home

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6.1.1

In this Agreement the term Shared Home means a dwelling, caravan, houseboat or other structure in which the couple ordinarily reside following the execution of the Agreement and for the lifetime of the Agreement, and includes any garden or other grounds or building usually occupied with, or otherwise required for the amenity or convenience of, the dwelling, caravan, houseboat or other structure.

6.1.2

For the avoidance of doubt it is stated that the term Shared Home in this Agreement does not mean 'family home' or other expression given to describe any dwelling over which the State has power to determine occupancy or ownership.

6.2: Joint Tenancy of the Shared Home

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6.2.1

[Romeo] and [Juliet] acknowledge each other's material interest in their Shared Home and have therefore agreed the following provisions in relation the ownership of their Shared Home.

6.2.2

[Romeo] and [Juliet] agree to hold beneficial interest in their Shared Home as 'Tenants in Common'.

6.2.3

[Romeo] and [Juliet] agree, as of the date of execution of this Agreement, to own and retain personal shares in the Shared Home in accordance with the Home Sharing Schedule attached to this Agreement as part of Exhibit Set D.

7.1: Couple Wealth Plan

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7.1.1

[Romeo] and [Juliet], having consulted with a Qualified Financial Advisor, have agreed joint financial goals that reflect their shared values and aspirations.

7.1.2

[Romeo] and [Juliet], to give effect to their joint financial goals, have created and agreed a Couple Wealth Plan, a copy of which is attached to this Agreement as part of Exhibit Set D.

7.2: Personal Property

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7.2.1

[Romeo] and [Juliet] agree that all property, including all assets, belonging to each party prior to the execution of this Agreement, whether by inheritance, gift, purchase or otherwise, shall remain their personal property, and that any debts shall remain their personal liabilities.

7.2.2

[Romeo] and [Juliet] agree that, following the execution of this Agreement, they each remain separately and personally liable for any current and future debts incurred in his or her sole name.

7.2.3

[Romeo] and [Juliet] agree that, following the execution of this Agreement, all property acquired by each party by way of gift or inheritance shall remain their personal properties, and shall not be subject to any claim by the other party under any circumstances whatsoever.

7.2.4

[Romeo] and [Juliet] agree that, following the execution of this Agreement, each shall continue to have at all times full control of his or her personal property, and shall have full rights and authority to sell, lease or mortgage or otherwise dispose of such property and receive all income, rent and profits derived from such property without any restriction and without any interference.

7.3: Shared Property

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7.3.1

[Romeo] and [Juliet] agree that, other than personal property defined above, all property and other wealth created or acquired following the execution of this Agreement shall, in the absence of a reasonable demonstration of personal ownership, be deemed marital property belonging to both spouses.

7.3.2

[Romeo] and [Juliet] agree that all property and other wealth created or acquired throughout their marriage, where it is valued at €5,000 or less, shall be owned jointly by them in equal shares.

7.3.3

[Romeo] and [Juliet] agree that all property and other wealth created or acquired throughout their marriage, where it is valued in excess of €5,000, shall be owned jointly by them in accordance with their relative contributions.

7.3.4

[Romeo] and [Juliet] agree to set up and maintain a bank account in their joint names (the 'Joint Account') for the purpose of meeting everyday expenses necessary for the upkeep of their marital home.

7.3.5

[Romeo] and [Juliet] agree that the 'Joint Account' and any interest credited to it shall belong to [Romeo] and [Juliet] in equal shares.

7.4: Lasting Power of Attorney for Property

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7.4.1

[Romeo] and [Juliet], in caring for each other and as an expression of trust, agree that in the event that either becomes legally incapacitated, the other shall act as their Lasting Power of Attorney for financial matters.

7.5: Wills and Estates

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7.5.1

[Romeo] and [Juliet] have each made a will, copies of which are attached to this Agreement as part of Exhibit Set D.

7.6: Voluntary Provision

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7.6.1

[Romeo] and [Juliet] agree that nothing in this Agreement shall preclude either party from making voluntary gifts to the other or from making voluntary provision for the other, whether by Will, trust or otherwise.

7.6.2

[Romeo] and [Juliet] agree that any such voluntary provision shall not be construed as varying the terms of this Agreement nor as evidence that there is or was any agreement between the parties otherwise than is specifically contained in this Agreement.

8: Parenting Provisions

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8.1

[Romeo] and [Juliet] recognise that their Agreement, made in the present, is also a promise kept with the past and a promise made to the future; in committing ourselves to each other we honour the sacrifices of the generations who came before us; and to the generations who come after us we undertake our best efforts that you will remember our good example of loving commitments made today and honoured on all the days that follow.

8.2

[Romeo] and [Juliet] agree to appreciate, for ourselves and our future child/ren, each other's extended family, and particularly the grandparents of our future child/ren, and we will endeavour to uphold and honour their relationships at all times into the future.

8.3

[Romeo] and [Juliet] agree that we will each accord the other equal status in the lives of our future children.

8.4

[Romeo] and [Juliet] agree that each of us carries equal responsibility to provide financially for children of our marriage.

8.5

[Romeo] and [Juliet] agree that each of us carries equal responsibility to nurture the children of our marriage.

8.6

[Romeo] and [Juliet] recognise that, in providing for a marital home, we may arrange the distribution of responsibilities over time and specialise in certain roles for our family's optimum benefit.

8.7

[Romeo] and [Juliet], valuing each other’s complimentary roles as father and mother, agree that any specialisation of roles, whether as provider or nurturer, shall not establish any legal primacy with regard to either provision or parenting.

8.8

[Romeo] and [Juliet] recognise the right of our future children to security of identity and certainty of lineage, and therewith to the love, care, attention, nurturance and companionship of a natural mother and a natural father, and that such a right is independent of and separate from the relationship between us, the children's parents.

8.9

To give effect to the above, [Romeo] and [Juliet] agree that, no more than seven days after the birth of any future child, he or she shall be welcomed into our family tree by the administration of a genetic profile.

8.10

To give further effect to the above, [Romeo] and [Juliet] agree that, no more than seven days after the birth of any future child, we will register both our names on the child's Birth Certificate, so that he or she will benefit from the legal security of having both natural parents so documented.

8.11

[Romeo] and [Juliet] agree that we each will be joint legal guardians of our future children.

8.12

To give effect to the above, [Romeo] and [Juliet] agree that, no more than seven days after the birth of any future child, agree to complete and register a Statutory Instrument No. 5, so that he or she will benefit from the legal security of having both natural parents as legal guardians.

8.13

[Romeo] and [Juliet] agree that we each will be joint legal custodians of our future children.

8.14

To give effect to the above, [Romeo] and [Juliet] agree that, no more than seven days after the birth of any future child, we will submit a motion to the appropriate court, so that he or she will benefit from the legal security of having both natural parents as joint legal custodians with shared legal and physical day-to-day care.

9.1: Agreement to Manage and Resolve Conflicts

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9.1.1

[Romeo] and [Juliet] agree to manage and resolve conflicts in a way that protects the values and aspirations of this Agreement.

9.1.2

[Romeo] and [Juliet] agree to manage and resolve any future dispute arising out of or relating to any past or future agreement between them (the “Dispute”) in accordance with the procedures specified in 9.2 (Negotiation), 9.3 (Counselling), 9.4 (Arbitration) below.

9.1.3

[Romeo] and [Juliet] agree to fight fair in any dispute which may rise in our marriage. Our goal in any conflict is win-win, to solve the problem and love each other better.

9.1.4

[Romeo] and [Juliet] agree not to use threatening behavior, physical or psychological violence, swearing or sarcasm when dealing with conflict between us.

9.1.5

[Romeo] and [Juliet] agree not to threaten to remove their child or children from their shared home when dealing with issues of conflict.

9.1.6

[Romeo] and [Juliet] agree not to use sulking or guilt to manipulate each other when dealing with issues of conflict.

9.1.7

[Romeo] and [Juliet] agree not to use parental alienation or use our children as pawns to manipulate each other or in an attempt to gain legal advantages when dealing with issues of conflict.

9.1.8

[Romeo] and [Juliet] agree, where crimes against the person have been committed that they will insist with the Gardai that prosecution of such crimes be instigated under Criminal Law rather than Family Law.

9.1.9

[Romeo] and [Juliet] agree to refresh ourselves of, and keep to hand, a copy of our conflict resolution procedures before, or during at the behest of either one of us, any Negotiation dealing with issues of conflict.

9.2: Negotiation

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9.2.1

[Romeo] and [Juliet] agree to negotiate within the guidelines outlined in 9.1.1 to 9.1.9 above.

9.2.2

If the dispute has not been resolved by negotiation within [30] days, or if the parties have failed to confer within [30] days days, [Romeo] and [Juliet] agree they will endeavor to settle the dispute by counselling. Unless otherwise agreed, [Romeo] and [Juliet] will select a counsellor from a recognized counselling body.

9.3: Counselling

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9.3.1

If Counselling fails to produce a resolution, [Romeo] and [Juliet] shall give the other party written notice of the Dispute. Within [10] days after delivery of the notice, the receiving party shall submit to the other a written response. Thereafter, [Romeo] and [Juliet] shall confer in person promptly to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. If the dispute still remains unresolved, [Romeo] and [Juliet] agree to proceed to Arbitration.

9.4: Arbitration

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9.4.1

If the dispute has not been resolved by counselling as provided herein within [90] days of the initiation of such procedure, it shall be settled by binding arbitration The arbitration shall be governed by the [relevant laws in jurisdiction] and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. Unless otherwise agreed, [Romeo] and [Juliet] will select an Arbitrator from a recognized Arbitration body.

10.1: Dissolution of Agreement

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10.1.1

[Romeo] and [Juliet] agree that their Agreement shall terminate in the event of any of the events set out below.

10.1.2

The death of either [Romeo] or [Juliet].

10.1.3

The entry of either [Romeo] or [Juliet] into a state marriage contract over which the courts of family law claim jurisdiction.

10.1.4

The expiry of the Period of Notice commencing on the date when either [Romeo] or [Juliet] gave written Notice to the other.

10.2: Transitional Provisions on Death

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10.2.1

In the event of the dissolution of this Agreement as a result of the death of either [Romeo] or [Juliet], the transitional provisions set out below shall apply.

10.2.2

The surviving party shall have the right to purchase the deceased party's share in the former marital home by serving notice on the deceased's personal representatives within three months of death.

10.2.3

The purchase price of the former marital home shall be the price that a willing buyer would pay to a willing seller on the open market, if sold with vacant possession.

10.2.4

The price paid for the deceased party's share shall be payable to the deceased's personal representatives within six months of the date of death or production of a Grant of Probate or Administration, whichever is the later.

10.2.5

On any sum not paid within this time, any interest shall be payable at the rate of 5% per annum above the Base Rate of the European Central Bank, from the date payment becomes due until the date of payment.

10.2.6

Where the value of the former marital home at the date of death of either [Romeo] or [Juliet] cannot be agreed, the surviving party and the deceased's personal representatives shall jointly appoint an independent valuer whose valuation shall be binding.

10.2.7

Where the surviving party and the deceased's personal representatives cannot agree on the appointment of a valuer, either may apply to the President of the Royal Institution of Chartered Surveyors to make the appointment, and the decision of the appointed valuer shall be binding.

10.2.8

Where no notice is served on the deceased's personal representatives, the surviving party shall have the right to remain living in the former marital home for three calendar months from the date of such death, and shall vacate the former marital home upon the expiry of the third calendar month to enable the marital home to be sold.

10.2.9

All provisions contained in this clause shall apply so as to bind the estate and personal representatives of the deceased party.

10.3: Transitional Provisions Other Than as a Result of Death

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10.3.1

In the event of the dissolution of this Agreement other than as a result of the death of either [Romeo] or [Juliet], the transitional provisions set out below shall apply.

10.3.2

The former marital home shall be placed for sale on the open market and the proceeds of such sale shall be divided between [Romeo] and [Juliet] in the proportions provided in the Wealth Provisions.

10.3.3

[Romeo] and [Juliet] agree that each shall punctually pay and settle all outstanding living expenses in the proportions agreed in the Wealth Provisions.

10.3.4

[Romeo] and [Juliet] agree that all marital property shall be divided between them in the proportions provided in the Wealth Provisions.

10.3.5

[Romeo] and [Juliet] agree that any Joint Account operated for the purpose for meeting everyday household expenses shall be closed and any debits or credits shall be shared by them equally.

11.1: Entire Agreement

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11.1.1

[Romeo] and [Juliet] intend this Agreement, including its referenced Exhibits, to constitute the entire agreement between them with respect to the matters contemplated in its Purpose and embraced by its Scope.

11.1.2

[Romeo] and [Juliet] intend this Agreement to supersede all prior or contemporaneous agreements, representations, understandings, communications and proposals, whether electronic, oral, or written, between them.

11.1.3

No other agreements, representations, understandings, communications and proposals, whether electronic, oral, or written, between [Romeo] and [Juliet] shall be deemed a part of this Agreement.

11.1.4

[Romeo] and [Juliet] acknowledge and agree that in entering into this Agreement, and the documents referred to in it, he or she does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding of any person (whether a party to this Agreement or not) other than as expressly set out in the Agreement.

About: The Entire Agreement clause states that this contract is the contract. The effect of this clause is that the contract cannot be used to compel someone to do something that is not actually written down in the contract.

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11.2: Severability

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11.2.1

[Romeo] and [Juliet] intend this Agreement to be severable.

11.2.2

In the event that any provision, clause, sentence, section or other part of the Agreement is held to be invalid, illegal, inapplicable, unconstitutional, contrary to public policy, void or unenforceable in law to any person or circumstance, [Romeo] and [Juliet] intend that the balance of the Agreement shall nevertheless remain in full force and effect so long as the Purpose of the Agreement is not affected in any manner adverse to either party.

11.2.3

Upon such determination that any term or other provision is held to be invalid, illegal, inapplicable, unconstitutional, contrary to public policy, void or unenforceable in law to any person or circumstance, [Romeo] and [Juliet] undertake to negotiate in good faith to modify this Agreement so as to give effect its Purpose as closely and as fully as possible in an acceptable manner to both.

About: Would you throw out an entire box of chocolates just because one seemed bad. or change your car because the windshield was dirty? So what happens one or a few parts of an otherwise good contract are found to be in some way defective?

Contract law has a concept called severability. This states that if a part or parts of a contract are found to be invalid, the remainder of the contract should still hold. Unless, of course, that clause that was found to be invalid was fundamental to the purpose of the contract.

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11.3: Assignment

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11.3.1

[Romeo] and [Juliet] acknowledge that the rights and privileges conferred under this Agreement are not assignable, transferable or saleable.

About: Of their nature, some contracts are assignable – transferable to another party – and others are not. In a transferable contract, one party can sell or otherwise pass on their role in the contract to someone else.

If you check your banking or insurance contracts, you will find they are usually transferable. Typically, they give your bank or insurer the right to sell their company to another, with the result that the new owner takes on the rights and responsibilities of the company you originally signed the contract with.

One example of a non-transferable contract is an employment contract: if you sign up for a new job, you can't really send along your sister instead. A marriage contract is, of its personal and intimate nature, non-assignable.

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11.4: Succession

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11.4.1

[Romeo] and [Juliet] acknowledge and agree that the rights, benefits and privileges conferred under this Agreement are not transferable to their heirs or other successors, except as stated explicitly in this Agreement.

About: A succession clause in a contract gives sucessors of the parties all or certain rights when the contracting parties die.

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11.5: Force Majeure

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11.5.1

[Romeo] and [Juliet] agree that neither shall be liable for any failure to perform his or her obligations under this Agreement where such non-performance arises from unanticipated catastrophic circumstances beyond his or her reasonable control including, but not limited to, acts of God, war, riot or civil commotion, fire, flood, terrorism, drought or act of government provided, that the Party seeking to be excused shall make every reasonable effort to minimise the difficulties resulting from such a Force Majeure circumstances.

11.5.2

[Romeo] and [Juliet] agree to keep each other fully informed of any such Force Majeure circumstances.

11.5.3

During the period that the performance by one of the Parties of his or her obligations under this Agreement is suspended by reason of Force Majeure, both [Romeo] and [Juliet] shall cooperate and use their reasonable best efforts to continue the Purpose contemplated by this Agreement.

11.5.4

[Romeo] and [Juliet] agree to resume their obligations under this Agreement as soon as possible upon the passing of the Force Majeure event.

About: Sometimes, crazy stuff happens – earthquakes, tornados or other events that may prevent a person from fulfiling their obligations. Force Majeure (French for 'superior force') is a common clause that frees the parties from liability or obligation due to the occurence of some extraordinary event or circumstance beyond their reasonable control.

However, Force Majeure is not intended to excuse non-performance where it is caused by the usual and natural consequences of external forces – for example, predicted rain stops an outdoor event, or where the intervening circumstances are specifically contemplated.

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11.6: Headings

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11.6.1

[Romeo] and [Juliet] agree that headings, titles, captions and any list of contents are inserted solely for convenience of reference only, are not part of the Agreement, and shall not affect the meaning, construction or effect of this Agreement, nor act as a limitation on the scope of the particular clause, section or paragraph to which they refer, and shall be ignored in the interpretation of this Agreement.

About: To avoid uncertainty, this set of clauses makes it clear that headings, captions or other items of explanatory or descriptive text that may appear throughout the Cohabitation Agreement are not actually part of the contract.

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