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Co Habitation Agreement for Australia

Co Habitation Agreement Template for Australia

A legally binding agreement under Australian law that establishes the rights, obligations, and financial arrangements between two individuals who are living together or intending to live together in a de facto relationship. The agreement covers property division, financial responsibilities, living arrangements, and dispute resolution procedures. It provides clarity and protection for both parties regarding their assets, liabilities, and expectations during cohabitation and in the event of relationship breakdown, while complying with the requirements of the Family Law Act 1975 (Cth) and relevant state legislation.

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Co Habitation Agreement

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What is a Co Habitation Agreement?

A Co Habitation Agreement is a formal legal document used in Australia by couples who are living together or planning to live together in a de facto relationship. This agreement is particularly important as it provides legal protection and clarity regarding property rights, financial obligations, and living arrangements, which may not be automatically protected under common law. The document is governed by the Family Law Act 1975 (Cth) at the federal level, along with relevant state-specific legislation. It becomes especially crucial when parties have substantial assets, business interests, or potential inheritances to protect. The agreement typically covers day-to-day living arrangements, property division, financial responsibilities, and procedures for dispute resolution, making it an essential tool for couples seeking to establish clear expectations and protect their individual interests while maintaining their commitment to sharing their lives.

What sections should be included in a Co Habitation Agreement?

1. Parties: Identifies and defines the parties entering into the agreement, including full legal names and current addresses

2. Background: Sets out the context of the agreement, including the nature of the relationship and intention to live together

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Duration and Review: Specifies when the agreement takes effect and provisions for periodic review

5. Living Arrangements: Details about shared residence, including ownership/rental arrangements and responsibilities

6. Financial Arrangements: Outlines how regular expenses, utilities, and household costs will be shared

7. Property Rights: Defines how property owned prior to cohabitation and acquired during cohabitation will be treated

8. Separation Provisions: Establishes process and arrangements in case of relationship breakdown

9. Dispute Resolution: Sets out procedures for resolving disagreements under the agreement

10. Governing Law: Specifies that the agreement is governed by Australian law

11. Execution: Formal requirements for signing and witnessing the agreement

What sections are optional to include in a Co Habitation Agreement?

1. Children: Include when parties have or plan to have children, covering arrangements for their care and financial support

2. Pets: Include when parties have shared pets, covering ownership and care responsibilities

3. Business Interests: Include when either party has business interests that need protection or clarification

4. Estate Planning: Include when parties wish to address inheritance rights and estate planning matters

5. Gifts and Inheritances: Include when parties want to specifically address treatment of gifts or inheritances received during cohabitation

6. Vehicles: Include when parties share vehicles or have specific arrangements about vehicle ownership and costs

7. Health and Medical: Include when parties wish to address healthcare decisions and medical power of attorney

8. Insurance: Include when parties want to specify arrangements for various types of insurance coverage

What schedules should be included in a Co Habitation Agreement?

1. Schedule A - Assets Schedule: Detailed list of assets owned by each party prior to cohabitation

2. Schedule B - Liabilities Schedule: Detailed list of liabilities of each party prior to cohabitation

3. Schedule C - Household Items Inventory: List of shared household items and their agreed ownership

4. Schedule D - Expense Allocation: Detailed breakdown of how specific household expenses will be shared

5. Schedule E - Property Details: Specific details about any shared property, including ownership structure and maintenance responsibilities

6. Appendix 1 - Financial Statements: Current financial statements of both parties

7. Appendix 2 - Certificates of Independent Legal Advice: Signed certificates confirming both parties received independent legal advice

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Agreement Contract

Cost

Free to use
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