A Pre Cohabitation Agreement serves as a crucial legal document for unmarried couples planning to live together in Malaysia. This agreement becomes particularly important given Malaysia's lack of specific cohabitation laws and its dual legal system of civil and Shariah law. The document helps establish clear terms regarding property ownership, financial responsibilities, and personal arrangements during cohabitation and in case of separation. It should comply with the Contracts Act 1950 and other relevant Malaysian civil laws while being mindful of religious considerations if applicable. The agreement typically includes detailed provisions about asset division, expense sharing, debt management, and dispute resolution mechanisms. While not as commonly used as in Western jurisdictions, Pre Cohabitation Agreements are gaining relevance in Malaysia's increasingly modern social landscape, particularly among urban professionals and expatriates.
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1. Parties: Identification and details of both parties entering into the cohabitation agreement
2. Background: Context of the agreement, relationship status, and intention to cohabitate
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Purpose and Intent: Clear statement of the agreement's purpose and parties' intentions to be legally bound
5. Duration: Specified period of the agreement and conditions for renewal or termination
6. Living Arrangements: Details of shared residence, ownership/rental arrangements, and household responsibilities
7. Financial Arrangements: Management of shared expenses, individual financial responsibilities, and joint accounts
8. Property Rights: Ownership of existing and future-acquired property, including personal and joint assets
9. Debt Management: Handling of existing and future debts, loans, and financial liabilities
10. Termination: Circumstances and procedures for ending the cohabitation arrangement
11. Dispute Resolution: Process for resolving disagreements and conflicts
12. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Religious Considerations: Required if either party is Muslim, addressing compliance with religious requirements
2. Children: Include if parties have or plan to have children, addressing custody and support arrangements
3. Pets: Include if parties have shared pets, addressing ownership and care responsibilities
4. Business Interests: Required if either party owns a business or plans joint business ventures
5. Inheritance Rights: Optional provisions regarding inheritance rights and estate planning
6. Healthcare Decisions: Optional provisions for medical decision-making authority
7. Intellectual Property: Include if either party has significant IP assets or creative works
8. Social Media and Privacy: Optional provisions regarding social media usage and privacy during and after cohabitation
1. Schedule A - Asset Inventory: Detailed list of each party's assets brought into the cohabitation
2. Schedule B - Debt Inventory: List of each party's existing debts and liabilities
3. Schedule C - Household Expenses: Breakdown of shared household expenses and contribution ratios
4. Schedule D - Property Documents: Copies of property titles, rental agreements, or relevant property documentation
5. Schedule E - Financial Statements: Current financial statements of both parties
6. Appendix 1 - Dispute Resolution Procedures: Detailed procedures for handling disputes and mediation processes
7. Appendix 2 - Property Division Guidelines: Guidelines for division of jointly acquired property upon separation
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