What can be included a cohabitation contract?

A cohabitation agreement between de facto spouses can include the setting of a date for the beginning of common life, an inventory of the property which each of de facto spouses owned at that date, the identification of the family residence, the establishment of the ownership of the family residence, the mechanisms allowing to administer and to dispose of the property acquired during the common life, the partition of the property, the alimony or termination indemnity in case of termination of common life, the distribution of charges of the household, etc.

The cohabitation contract can also be used to provide the financial compensations if one of the parents dedicated himself full-time to the care of the children.

The various questions that de facto spouses can ask themselves in relation to different aspects of their union can be given a framework in a contract of this type. In case of disagreement or break-up, the contract intervened between de facto spouses can be raised before the courts in order to enforce its provisions. The signatories of a cohabitation contract must, however, keep in mind that, in the case of provisions dealing with children, the court remains always free, in the interest of the children, to decide otherwise and substitute its decisions to the contents of such cohabitation contract.

This contract does not require a very strict formalism but the use of a notarial act, and the advice of a notary, are recommended.