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A cohabitation agreement is particularly relevant when there are differences in the ownership of shared property, such as a home, or when one party has contributed a larger financial investment.
There are several situations where a cohabitation agreement may be necessary, for example if there are debts between the cohabiting partners or if one party has paid for all purchases of shared property. A well-drafted cohabitation agreement is important in order to avoid potential disputes in the future and to clearly regulate the parties’ financial relationship.
We understand the complexity of these matters and can offer professional assistance in preparing a correct and legally binding cohabitation agreement. Incorrectly drafted agreements may be deemed invalid, which can create problems in the event of a separation. It is therefore important to seek assistance from a lawyer to ensure that the agreement is legally enforceable and fulfills your wishes and needs.
We can guide you through the process and provide the necessary information to help you make well-informed decisions. Contact us and we can discuss your specific circumstances and work together to prepare a cohabitation agreement suited to your unique situation.
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Questions and answers
Can a cohabitation agreement be tailored to individual needs and wishes?
Yes, a cohabitation agreement can be tailored to suit the parties’ unique needs and wishes. It is important that the agreement is mutually accepted and that both parties fully understand its contents.
What is a cohabitation agreement?
When a cohabiting relationship ends, a division of property must be carried out if requested by either party. In such a division, the cohabitation property is generally divided equally between the parties.
If the cohabiting partners do not want the rules on equal division under the Swedish Cohabitees Act to apply, they may enter into an agreement. A cohabitation agreement is therefore an agreement between two cohabiting partners in which the parties exclude or limit the application of the property division rules under the Swedish Cohabitees Act to their relationship.
What formal requirements apply to a cohabitation agreement?
For a cohabitation agreement to be valid, it must be made in writing and signed by both cohabiting partners. The agreement should also be dated and prepared in two copies, with each party retaining one copy.
There is no requirement for the agreement to be witnessed or for both parties to sign it at the same time.
Does a cohabitation agreement need to be registered?
No, there is no requirement for a cohabitation agreement to be registered. Unlike a prenuptial agreement, which must be registered with the Swedish Tax Agency in order to be valid, a cohabitation agreement is kept by the parties themselves and may be relied upon in the event of a future division of property between them.