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Financial Agreements: Cohabitation and De Facto Relationships.

The decision to live with one’s partner is often made with little consideration to the rights each person has with respect to assets, money and property.

Issues about dividing property ( also known as property settlement ) might not concern younger couples, but older couples with significant assets and / or children may enter cohabitation a little more cautiously. One might say once bitten twice shy.

The Family Law Act (the Act ) allows de facto couples to make application to the Family court for orders in respect of the division of property and spousal maintenance.

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. These laws apply to both hetero and same-sex couples alike.

Avoid the Courts – Make a Financial Agreement

The Act ( section 90UC) sets down provisions for de facto couples to avoid court proceedings by making a financial agreement .

A pre de facto agreement allows a couple to determine how their property should be divided in the event of a relationship breakdownA de facto agreement allows a couple to avoid court by settling how their property should be divided in the event of a relationship breakdown.
By making a cohabitation or de facto agreement , you can quarantine certain assets from litigation during a property settlement. This can help you to feel more secure 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 heartaches.

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“Thank you for the excellent service… what initially seemed to be a daunting task you made uncomplicated, efficient and user-friendly. I wouldn’t hesitate to recommend your service.” Cherie G QLD


Which Cohabitation Agreement do you need?

There are three factors to consider when choosing the most appropriate Financial Agreement for your situation.

  • Firstly which state you live in.
  • Secondly are you living together yet or not
  • Thirdly – are you in a heterosexual or same sex union.

Which state do you live in?

If you live in Western Australia you need a different agreement – see the link below.

For all other states and territories, ask yourself…

Are you actually living together yet?


heterosexual couple Yes we are living together – Get the De Facto Cohabitation Financial Agreement 90UC Kit Only $147 or the De Facto Cohabitation Financial Agreement WA 205ZO for Western Australia Only $147

No – we intend to move in together soon – go to Cohabitation Agreements Before Living Together



Same Gender Defacto Kits Yes we are living together – go to Same-Sex Cohabitation

No – we intend to move in together soon – go to Same-Sex Cohabitation Agreements Before Living Together



Cohabitation Agreement for Heterosexual Couples already living together in all states except Western Australia

These comprehensive Cohabitation Agreements have been drafted to comply with the relevant federal or state legislation. They give you all the guidance you need to create a legally binding, protective cohabitation agreement.

The easy to use kit at only $ includes

Pre Defacto Kit

This de facto agreement kit has been professionally drafted to comply with section 90UB of the Family law Act or the section 205ZO of the Family Court Act (Western Australian) and allows you to complete a defacto financial agreement with a minimum of fuss. It includes;

  • The defacto Agreement template – written in plain English
  • A 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!
  • A Bonus Will kit because you often need to update your Will when entering 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 determine whether if is suitable for our Legal Review Service. This is how we save you thousands of dollars in legal fees.
  • Access to fixed price Legal Advice (Legal Review Service $ covers both parties in most cases) so you can get your agreement certified without spending a fortune.

Sample Pages of a Cohabitation Agreement

We’ve shown the agreement for all states except W.A., heterosexual couple.

The grey boxes indicate form fields where you enter your personal information.

Sample defacto cohabitation Agreement

Cohabitation Agreement Sample Excerpt 2

Cohabitation Agreement Sample Excerpt 1

Cohabitation agreement kits available for immediate download $ Choose either a kit for all states except Western Australia or the kit for West Australia.

Couple Defacto Western Australia cohabitation agreement download

Important note - you will need to obtain independent legal advice to complete your financial agreement Because Section 90UJ 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 and Legal Certification Service .

Important – Required Legal Advice

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

Australian Law

Our Financial Agreements are drafted to comply with Australian Law

Professionally Drafted

The agreements are professionally drafted by Australian Family Law Experts

Instant Download

No Need to Wait. Download the Agreements Instantly

Easy to use

Plain English - No Legalese. Your Financial agreement is easy to use, edit and understand