“The draft Cohabitation Agreement recites that the parties started to cohabit in 2011. It does not state that the cohabitation was continuous. What is clear is that the parties could not agree upon the terms of the draft Cohabitation Agreement. I am not persuaded that this unsigned agreement referring to the commencement of the cohabitation assists the Applicant. The reason is that if the Applicant relies on this recital, the rest of the draft Cohabitation Agreement provided that the Applicant would not be entitled to any support or the Respondent’s assets upon the end of their relationship. A not surprising term sought by the Respondent – a wealthy, successful businessperson with a family from a prior marriage, might want the benefits of such an agreement particularly, where the Applicant did not have any substantial financial assets or means and where the relationship had been what the Respondent alleges was a sporadic, noncontinuous romantic relationship. The release of any support claim would be a significant bar to the Applicant’s claim.
In any event, the draft Cohabitation Agreement was never executed by the parties. As such, it is difficult to put too much weight on this document.”