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IMPORTANT! Financial Agreements only become Legally Binding when each party has received Certified Independent Legal Advice - Click Here for More Information


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Before De Facto Cohabitation.

Making a  pre de facto agreement  before you move in together gives you peace of mind that your assets are protected. It allows you to stipulate and quarantine particular assets or financial resources from claim should the relationship break down. 

Let's  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 their finances before they have been together for a longer period. 

What should they do?

A pre de facto agreement allows a couple to determine how their property should be divided in the event of a ralationship breakdown Greg and Yana can set some ground rules about their property before entering into the next phase of their life together, which will give them the peace of mind that they seek.

Essentially, both Greg and Yana need to disclose to each other all assets and liabilities they each own before moving in together and include this disclosure in their Financial Agreement.

They are each responsible for the debts they bring to the table and each can leave with the assets they have brought into the partnership if thing don't work out.

If they choose, they can make provision to keep all of their finances totally separate or combine some of their finances, such as living expenses. Greg and Yana can also make provision for real estate they purchase together should they choose to do so.

Let's look at a few sample pages from the pre de facto agreement

The agreement template is provided as a word doc format so it is easy for you to edit. The kit also includes a comprehensive Users Guide, Sample Agreement and our personal phone support.

The grey fields indicate areas where you add your data. The yellow highlights indicate clauses where you would choose an option.

90UB Pre de facto financial agreement sample

sample co habitation financial agreement 90UB

sample assets and liabilities binding financial agreement 90UB

This Easy to Use Kit is available for immediate download

Pre Defacto Kit

This pre de facto agreement kit has been professionally drafted to comply with section 90UB of the Family law Act and allows you to complete a pre defacto financial agreement with a minimum of fuss. It includes;

  • The Defacto Agreement template – written in plain English
  • Comprehensive User’s Guide which answers your questions
  • Sample agreement – so you know what the completed agreement should look like
  • Sample clauses – help you to tailor the document to your own situation – just cut and paste!
  • Bonus Will kit because it's always a good idea to update your will when your life circumstances change, such as separation or divorce, the birth of a child or entering into a new relationship.
  • Access to the Exclusive Members area which takes you through the process step-by-step
  • Complimentary Financial Agreement Assessment – we check your draft agreement to ensure it’s ready for the lawyers and the mandatory Legal Advice. This is how we save you thousands of dollars in legal fees.
  • Access to fixed price Legal Advice to ensure your agreement is certified and enforcable in the Family Court without spending a fortune.

Before Cohabitation or Pre De facto Agreement Kit - Available for Immediate Download, Only $97

All States except WA

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WA Pre De facto Agreement

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A Certificate of Legal Advice is also required

Section 90UJ of the family law act requires both parties to obtain certification of independent legal advice from a legal practitioner.

Essentially both partners are required to have a conversation with an independent lawyer about their agreement to make sure that they each understand:

  •  The effect that signing the Financial Agreement will have on their rights; and 
  •  The advantages and disadvantages of making the agreement

After the consultation, their lawyer is required to issue them with a Certificate of Legal Advice. This certificate is attached to the financial agreement and then the parties can sign the agreement and move on with their lives confident that their financial resources are protected.

This Legal Advice acts as a Safety Net and ensures the strength of your agreement.

Our Legal Review Package assists you to complete your financial agreement properly, meeting the requirements of the Act, with a minimum of fuss and expense.

Once you've completed your draft agreement ($97), you and your partner can obtain the Legal Advice from qualified family law specialists at a low fixed price of $1790 for both parties (in most cases).  

how the Legal Review Package works

 


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