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In Sutton v Mishcon de Reya and Gawor & Co it was held that a contract between cohabitants, as opposed to a contract for cohabitation, would be valid. The case did not involve a typical cohabitation contract, but for that very reason more closely resembled earlier authorities, particularly eighteenth-century cases. This article reviews the past approach to, current use of, and future potential for, cohabitation contracts.
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