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*A cohabitation agreement must be in writing. | *A cohabitation agreement must be in writing. | ||
*The agreement must be signed by each party, and should be signed in the presence of a witness. | *The agreement must be signed by each party, and should be signed in the presence of a witness. Although an agreement made without a witness (or witnesses) can still be valid and binding, it is a very good idea to have a witness (or witnesses) because she (or they) can confirm that the parties signed the agreement. | ||
*Neither party should be under a legal disability when signing the agreement, however children who are parents or spouses may enter into a binding agreement. | *Neither party should be under a legal disability when signing the agreement, however children who are parents or spouses may enter into a binding agreement. | ||
*The agreement must clearly identify the parties and the nature of their rights and obligations to one another. | *The agreement must clearly identify the parties and the nature of their rights and obligations to one another. |
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