Cohabitation (living together) agreement
This cohabitation agreement template can be used to create a written record of understanding between the parties currently cohabiting or planning to do so in the future. The agreement allows you to agree on the distribution of finances, responsibilities and assets and the provision of child arrangements.
- Solicitor approved
- Plain English makes editing easy
- Guidance notes included
- Money back guarantee
About this cohabitation agreement
Australia's family law allows the parties to marriages and de-facto relationships to enter into agreements about what might happen if their relationship ends in a separation.
These sorts of agreements are referred to in the law as Binding Financial Agreements.
It is the requirement of the Family Law Act 1975 that both parties must receive independent legal advice before signing the agreement. If both parties have failed to do so then the agreement will not be legally binding.
Under section 90UB/90UC of the Family Law Act 1975 Act de facto couples can now make a financial agreement that will protect their assets and financial resources.
This cohabitation agreement helps you to work out and set down all the practical arrangements that need to be covered when two people who are neither married nor civil partners, set up house. It helps you to set down all the arrangements that you need, both now and on a future separation.
It does not try to tell you what is best for you, but to steer and guide you into considering and dealing with the most important issues. It covers arrangements about your home, business assets, who owns what, everything about money - and even provisional children arrangements.
This document does not require any particular action after completion. Just print two copies, get certified by a solicitor that you have taken advice, both of you sign both copies, date both with same date and each keep one. Your completed document is valid and binding at law until you are married or a child is born.
You are bound by it. Use it at any stage of your relationship, before marriage.
However, if you marry or enter a civil partnership in the future, the status of the document changes. It becomes like a pre-nuptial agreement. The effect is that if you then separate, the court will take this document into account, but will not be bound by it.
Example uses of this document:
- You want to make secure arrangements for when you separate or have children;
- Flatmates setting up new arrangements;
- You want to live together but also stay in control of your own company or business assets.
- How you deal with your house or flat
- Keeping your own business property
- Separate ownership of assets
- Banking and cash arrangements
- Living expenses
- Finance and borrowing
- Children arrangements - now and on termination
- What happens if / when you separate
- Division of capital assets
- What one of you might pay to the other for self and children
- If one of you dies
- Explanatory notes and guidance
This document was written by a solicitor for Net Lawman. It complies with current Australian law.
What other customers thought
Average customer rating
By Elissa McGregor 31 October 2016
I have found this document to be extremely helpful and relevant to my current situation and my partner has also appreciated it. I like that this references Australian Laws whereas some other sites are ambiguous about that. As much as I hope that my partner and I will be together for the rest of our lives, you can never know the future, it is good for both of us to know the baseline and sets up a line of communication that may not have existed before.
By Sharyn Rowe 22 September 2014
The document was good but could offer more variables and give clear instructions as to whether you are able to delete clauses that are not relevant to you - i.e. children.
Net Lawman responds 09 October 2014
We have now edited this document so that references to children can be removed more easily.
By Marian Flanigan 24 August 2014
The document is fine but we do not need all the stuff about children etc. Have not started working with it yet but I am a bit unsure as to whether you can delete these areas or you just mark them as non applicable. Perhaps a document for people without children involved Would be useful. That is my suggestion .
Net Lawman responds 05 September 2014
Yes, we will take you up on that.
By Brock Andersen 09 March 2015
Be careful as you still need to see a solicitor for their signature on this document
Net Lawman responds 15 April 2015
Yes, we say that very clearly on the buy page, but you still save hundreds of dollars!
By Lorraine Holloway 04 February 2015
I found the web site to be very clear and easy to use. I do agree about the children as it was not applicable for us. Thanks
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