Cap. 571 Art. 8Matters in the contract of cohabitation.       Cap. 16.

In the contract governing cohabitation, the parties, amongst other things, shall agree on and indicate the following:

(a) (i) the house that shall be deemed to be the ordinary, primary, common home of the cohabitants;

(ii) the legal title of each cohabitant on the said home;

(iii) the transfer of the rights in rem on the said house which shall take place between the cohabitants in the event of separation, if appropriate;

(iv) the personal rights of each of the cohabitants, or whichever one of them, on the tenement, in the event of separation, if appropriate;

(b) the division of assets and liabilities, both held in common or belonging to one or the other cohabitant when the cohabitants wish to make a transfer of assets or liabilities by one part to the other, in the event of separation;

(c) maintenance, periodic or as a lump sum if one of the cohabitants is or becomes dependent on the other cohabitant, together with the term and the modality of payment, both for during the period of cohabitation and in the event of separation, provided that the cohabitants are free to indicate that such maintenance is not due under all circumstances or in certain circumstances;

(d) (i) the annual percentage mark up on the said maintenance, when and if it is due, or an indication as to how the mark up should be done for the amount to remain relevant without the need to make periodic changes in the contract, provided that if no mention is made as to the method of increment, such increase shall be taken to be in line with the Cost of Living Index;

(ii) where the mark-up is on a fixed periodic basis, this

(iii) where it is indicated that the increase shall be proportional to the salary of the cohabitant from whom maintenance is due, there shall be a clear indication in the contract of the amount that the said cohabitant has in salary at the time of the contract. If there is no other indication, the salary in question shall be deemed to be the net revenue;

(e) the right of the children of one of the cohabitants to live in the house considered as the ordinary, primary, common home of the cohabitants, if appropriate and unless otherwise ordered by the competent Court in previous proceedings;

(f) where there are children, which cohabitant will have the care and custody of any dependent children in the event of separation, unless otherwise ordered by the competent Court in previous proceedings;

(g) (i) a minimum amount of maintenance which a cohabitant shall provide to the other cohabitant for dependent children, together with the modality of payment, unless otherwise ordered by the competent Court at the request of either party, after having taken into consideration all the circumstances of the parties under the Civil Code: Provided that there shall be a clear indication that this article shall enter into force without the need for any legal proceedings immediately when the cohabitants are separated or no longer cohabiting together, whichever occurs first, as appropriate;

(ii) the parties are not free to indicate that there shall be no maintenance owed to children, and any clause to this effect is considered null and void.

(h) article 30 shall apply automatically between the cohabitants if no reference is made to the provisions of basic rights and duties as listed in the same article in the event of separation between the parties.