Cohabitation and Domestic Partnerships, De Facto or Pre De Facto

Changes to Family Law

Recent changes to The Family Law in Australia have switched the regulation of relationships from the individual states, excluding Western Australia, to the Commonwealth.

This means that defacto relationships, both hetero and same sex now rest under the protective umbrella of the Family Law Act (Act).

Terminology has changed too - Cohabitation Agreements are now called Financial Agreements and are classified under particular sections of the Act.

• 90UC - for couples already living together and



• 90UB - for couples intending to live together (but not yet sharing a residence)

Heterosexual couples should click here for specific information.

Same sex couples should click here for specific information.

Before De Facto Cohabitation.


Under the amended Family Law Act people in de facto and same sex relationships are now able to make 'Financial Agreements'. This means de facto couples can make the equivalent of a 'prenuptial agreement' before they commit to living together in a domestic partnership.

Making a  financial agreement (FA) before you move in together allows you to stipulate and protect particular assets or financial resources from claim by your future partner in the unfortunate event of a relationship breakdown.

As an example a couple who are intending to move in together can make a pre defacto Financial Agreement which deals with the assets and financial resources owned by one or both of them before cohabitation. By "isolating" those assets in the event of separation each party is able to leave the relationship, should the need arise, with the property they bought in, making defacto property settlement easier. This type of legal arrangement is quite common and generally no more difficult than a will to draft.

Lets  look at an example.

Greg and Yana are a professional couple each of them recovering from a previous marriage split. Although they both feel their new relationship will be strong and withstand the test of time they are nervous about combining all of there finances before they have been together for a longer period. What should they do?

Greg and Yana can have their cake and eat it too by making a financial agreement.

Essentially each party makes a declaration of the assets and liabilities they each own before cohabitation and they include a statement to that effect in their FA. Each party is responsible for the debts they bring to the table and each can leave with the assets they bought in. If they choose to make provision for separate or combined living expenses they can do that also.

Section 90G of the family law act requires both parties to obtain independent legal advice from a legal practitioner including the advantages and disadvantages to the party of making the agreement. Once the advice is given, the solicitor for each party will attach a Certificate confirming that advice was given prior to the parties signing the Agreement.

This prevents either party from arguing that, at the time of making the agreement, they were unaware of the ramifications of signing the agreement.

Make sure you visit our Agreement Review page for the added security and guidance of good legal advice.

Pre Defacto Agreement kit with easy to follow instructions. Download now. click here.

This Pre de facto financial agreement kit has been professionally drafted to comply with section 90UB of the Family law Act.

The kit includes

The Financial Agreement

Easy-to-follow instruction manual

Sample pre de facto financial agreement and several sample clauses to assist you in drafting your own professional agreement.
Pre Cohabitation or Pre De facto Financial Agreement Kit with easy to follow instructions. Available for Download now. click here.

The decision to live with ones partner is often made with little consideration to the rights that each person has with respect to money and property. We all hope our relationships will last forever. However for those who have previously paid the financial and emotional costs associated with a divorce or separation, it is understandable that they may be concerned about the possibility of a new relationship failing.

Issues about dividing property might not concern a younger couple, but many older established couples who may have significant assets or children from an earlier relationship, may enter cohabitation a little more cautiously. One might say once bitten twice shy.

Whilst there are no figures on breakdowns of de facto relationships (hetero or same-sex), there is no reason to think that figures in those communities will differ from those for married couples. Overall, there's a failure rate of around 48% for all relationship s, and second relationships have higher failure rates than first ones.

Until Recently you could choose to live with your partner and not be married which may provide benefits for some and disadvantages for others. Changes to the Family Law Act which came into effect on the 1st March 2009 allow de facto couples to make application to the Family court for orders in respect of the division of property and maintenance for couples in a de facto relationship.

This means that even though a couple may not be legally married there is no discernible difference in the rights of the couple under the law, in a relationship of sufficient duration or where children are involved. The new laws apply to both hetero and same sex couples alike.

The good news is, under section 90UC of the Act de facto couples can now make a financial agreement that will protect their assets and financial resources, in the same way married couples have been able to since 2000. By making an agreement now, you can quarantine certain assets from litigation, which can have a surprisingly positive effect on how secure one might feel in the relationship. Particularly if one partner has significant assets and the other does not.

Your financial agreement allows you to decide what you think would be a fair and equitable distribution of property in the event of separation instead of leaving it up to the courts. You can choose to deal with all of your financial interest now or you may choose to deal with a single asset like a family farm, a business or an inheritance.

Financial agreements can comfort and reassure people living in or entering into de facto relationships. They are recognised and enforceable under Part VIIIAB of the Family Law Act and can save you time, money and a lot of heartache.

kits are available for immediate download Cohabitation Agreement Download

These comprehensive Financial (Cohabitation) Agreement Kits have been drafted to comply with the relevent federal or state legislation. They give you all the guidance you need to create a legally binding, protective cohabitation agreement.

The kit includes

* the Financial Agreement
* an easy-to-follow instruction manual
* sample agreement including several sample clauses to assist you in drafting your own professional agreement.
* plus Bonus Legal will Kit

Because Section 90G of the Family Law Act requires that each party to the agreement to receive independent legal advice before the agreement has any legal force, we have introduced our Agreement Review Service.

Why would I consider a Financial Agreement?

By spending a few minutes on this web site you will see there are definite benefits to making your own rules about the financial aspects of your relationship. You can successfully use a (prenup / prenuptial, postnup, separation, divorce) financial agreement to;

separation agreement Avoid potentially divisive issues that could arise if you ever separate.
prenup,de facto, cohabitation, post nupSpecify ground rules for buying and owning property.
estate planning,prenup, pre nuptial, postnup, post nuptial, agreement Coordinate and support your estate plans, to be sure that family property passes as you wish.
separation agreement,divorce, binding financial agreement Avoids costly litigation following a relationship breakdown.prenuptial financial agreement kit for a couple Getting Married

Below is a State by State list of all the available (prenup, postnup, defacto, cohabitation, separation, divorce) financial agreements at our financial agreements site.

NSW FINANCIAL AGREEMENT KITS Available for immediate download

90UB Pre De facto financial agreement kit for a relationship before Cohabitation
90UC De facto financial agreement kit for defacto partners who already Live Together
90B Prenup / prenuptial financial agreement kit for a couple Getting Married
90C Post nuptial financial agreement kit those married Staying Together
90C Separation financial agreement kit for married and Separating
90UD Separation financial agreement kit for De Facto partners after a relationship ends
90D Financial agreement for a Divorce

QUEENSLAND FINANCIAL AGREEMENT KITS Available for immediate download

90UB Pre De facto / pre cohabitation kit for a relationship before Cohabitation
90UC De facto / cohabitation kit for defacto partners who already Live Together
90B Prenup / prenuptial kit for a couple Getting Married
90C postnup / Post nuptial kit for those married Staying Together
90C Separation financial agreement kit for married and Separating
90UD Separation financial agreement kit for De Facto partners after a relationship ends
90D Financial agreement for a Divorce

ACT FINANCIAL AGREEMENT KITS Available for immediate download

90UB Pre De facto / pre cohabitation kit for a relationship before Cohabitation
90UC De facto / cohabitation kit for de facto partners who already Live Together
90B Prenup / prenuptial kit for a couple Getting Married
90C postnup / Post nuptial kit for those married and Staying Together
90C Separation financial agreement kit for married partners Separating
90UD Separation financial agreement kit for De Facto separation after a relationship ends
90D Financial agreement for a Divorce

NORTHERN TERRITORY FINANCIAL AGREEMENT KITS Available for immediate download

90UB Pre De facto/ pre cohabitation kit for a relationship before Cohabitation
90UC De facto/ cohabitation kit for defacto partners who already Live Together
90B Prenup / Prenuptial kit for a couple Getting Married
90C Postnup/ Post nuptial kit for those married and Staying Together
90C Separation financial agreement kit for married partners Separating
90UD Separation financial agreement kit for De Facto partners after a relationship ends
90D Financial agreement for a Divorce

TASMANIA FINANCIAL AGREEMENT KITS Available for immediate download

90UB Pre De facto / pre cohabitation kit for a relationship before Cohabitation
90UC De facto / cohabitation kit for defacto partners who already Live Together
90B Prenup / prenuptial kit for a couple Getting Married
90C postnup / Post nuptial kit for those married and Staying Together
90C Separation financial agreement kit for married partners Separating
90UD Separation financial agreement kit for De Facto partners after a relationship ends
90D Financial agreement for a Divorce

SOUTH AUSTRALIA FINANCIAL AGREEMENT KITS Available for immediate download

Domestic Relationship Agreement for hetero partners only before or during Cohabitation made under section 5 Domestic Partners Property Act 1996 - not suitable for Same - sex relationship
90B Prenup / prenuptial kit for a couple Getting Married
90C postnup / Post nuptial kit for those married Staying Together
90C Separation financial agreement kit for married and Separating
90UD Separation financial agreement kit for De Facto Separation after a relationship ends
90D Financial agreement for a Divorce

VICTORIA FINANCIAL AGREEMENT KITS Available for immediate download

90UB Pre De facto / pre cohabitation kit for a relationship before Cohabitation
90UC De facto / cohabitation kit for defacto partners who already Live Together
90B Prenup / pre nuptial kit for a couple Getting Married
90C postnup / Post nuptial kit for those married Staying Together
90C Separation financial agreement kit for married and Separating
90UD Separation financial agreement kit for De Facto partners after a relationship ends
90D Financial agreement for a Divorce

WESTERN AUSTRALIA FINANCIAL AGREEMENT KITS Available for immediate download

Pre De facto / pre cohabitation kit for a relationship before Cohabitation made under s 205ZN the Family Court Act 1997
De facto / cohabitation kit for defacto partners who already Live Together made under s205ZO the Family Court Act
90B Prenup / pre nuptial financial agreement kit for a couple Getting Married
90C postnup / Post nuptial financial agreement kit for those married Staying Together
90C Separation financial agreement kit for married and Separating
De facto separation financial agreement kit after a relationship ends made under S205ZP the Family Court Act
90D Financial agreement for a Divorce

COHABITATION and DOMESTIC PARTNERSHIP AGREEMENTS

If you are living together in a de-facto relationship, you may need a cohabitation agreement.

Whenever two people choose to cohabitate, they can enter into an agreement whereby they choose to specify the terms of property, money and all the other practical concerns that present themselves. Commonly referred to as a de facto relationship, Cohabitation Agreements can be useful for anyone who lives with their romantic partner. Here is what you should know:

• WHAT IS A COHABITATION AGREEMENT? A Cohabitation Agreement is a contract entered into between people who are living together but who are not married. It is essentially a 'pre-nuptial agreement' between people who are not married. It is designed to deal with property issues in the event the parties separate.
  
  


• WHEN CAN I USE A COHABITATION AGREEMENT? Whenever you and your partner live together, or plan on living together, you can enter into a Cohabitation Agreement. You can enter into this agreement before you live together, while you are living together or at any time before you separate. These agreements can be used by anyone who chooses to use them.
  
  


• HOW DO I MAKE A COHABITATION AGREEMENT? You need to make your Cohabitation Agreement clear and easy to understand. This means you want to put it into writing. Your agreement needs to cover all the potentialities, including what you will do with gifts, living expenses, the death of either party and many other situations. Remember, a Cohabitation Agreement is a plan for a future eventuality. It is intended to serve as a safety net, preventing a problem further down the road.
  
  


• WHAT SHOULD I INCLUDE IN THE COHABITATION AGREEMENT? These de-facto relationship agreements are intended to deal with the subsequent division of property in the event of a separation. Because of this, it is important that both parties disclose what property they own, have rights in or otherwise possess. These properties need to be written down and made clear to the other party. In addition to property (cash, real estate, stocks, etc.), each person needs to indicate what debts or obligation they have as well. Essentially, each person needs to disclose their financial status, including all assets and debts. Once each party determines what they own or owe, they can determine who gets what in the event of a separation.
  
  


• WHAT ABOUT ITEMS WE BUY TOGETHER? Cohabitation Agreements can also deal with property acquired after the cohabitation begins. Whether you decide to keep it as joint property, to assign the property to one person or divide it in any other manner, the point of Cohabitation Agreements is to make it clear to each person what the status of the property is. If a separation occurs, each person will know what belongs to them and what belongs to the other person.
  
  


• WHERE CAN I GET A COHABITATION AGREEMENT ? Domestic relationship agreements can be dafted by your solicitor, legal representetive or you can draft your own agreement. Agreements of this type are generally (depending on your local legal system) subject to the law of contract and most courts will strive to uphold a written contract as long as there has not been any fraud, misrepresentation, duress, undue influence or unconscionable conduct. See a sample here

Cohabitation Agreements have become more and more popular among many people. No matter your reasons for entering into the agreement, you can draft a suitable de-facto relationship contract to cover almost any situation. Whether your property concerns are simple or complicated, making sure both you and your partner understand what will happen if you ever split-up is a wise strategy. It is piece of mind on a piece of paper.

de facto agreement

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