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Cohabitation Separation Agreement

Cohabitation Separation Agreement Template for Australia

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Key Requirements PROMPT example:

Cohabitation Separation Agreement

"I need a Cohabitation Separation Agreement for a 5-year de facto relationship ending January 2025, with focus on dividing a jointly owned small business and arrangements for two dogs."

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Document background
The Cohabitation Separation Agreement is a crucial legal document used in Australia when de facto partners decide to end their relationship. It is particularly relevant for couples who have lived together in a genuine domestic relationship but were not legally married. The agreement falls under the jurisdiction of the Family Law Act 1975 (Cth) and related state legislation, providing a structured approach to separation. It includes comprehensive details about property division, financial arrangements, debt allocation, and can address matters such as child custody, pet care, and ongoing support obligations. This document is essential for protecting both parties' interests and preventing future disputes by clearly documenting all separation terms. It should be prepared with independent legal advice for each party to ensure enforceability and fairness.
Suggested Sections

1. Parties: Identification of both parties to the agreement, including full legal names, addresses, and occupations

2. Background: Brief history of the relationship, including start and end dates of cohabitation, and statement of intention to separate

3. Definitions: Definition of key terms used throughout the agreement

4. Separation Declaration: Formal declaration that the relationship has ended and the date of separation

5. Division of Property: Details of how real estate, vehicles, furniture, and personal belongings will be divided

6. Financial Arrangements: Agreement on division of bank accounts, investments, and other financial assets

7. Debt Allocation: Distribution of responsibility for existing debts and liabilities

8. Mutual Release: Statement releasing each party from future claims against the other

9. Confidentiality: Terms regarding privacy and confidentiality of the agreement and relationship details

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

11. Dispute Resolution: Process for resolving any future disputes regarding the agreement

12. Execution: Signing requirements and declaration of independent legal advice

Optional Sections

1. Children's Arrangements: Include when the couple has children - covers custody, visitation, and support arrangements

2. Pet Custody: Include when there are pets to be divided - details care arrangements and responsibilities

3. Business Interests: Include when parties share business interests - covers division or continued operation

4. Ongoing Support: Include when one party will provide financial support to the other

5. Social Media and Digital Assets: Include when digital assets or social media accounts need to be addressed

6. Future Property Rights: Include when there are expected future assets or inheritances to address

7. Insurance Policies: Include when there are joint insurance policies to be divided or maintained

8. Intellectual Property: Include when there are joint intellectual property rights to be addressed

Suggested Schedules

1. Schedule A - Real Property: Detailed list of all real estate properties and their agreed distribution

2. Schedule B - Personal Property: Comprehensive inventory of furniture, appliances, and personal items with allocation

3. Schedule C - Financial Assets: List of all bank accounts, investments, and financial instruments with division details

4. Schedule D - Vehicles: List of all vehicles and their agreed allocation

5. Schedule E - Debts and Liabilities: Detailed list of all debts and their agreed allocation

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

7. Appendix 2 - Property Valuations: Professional valuations of significant assets

8. Appendix 3 - Legal Advice Certificates: Certificates confirming independent legal advice received by each party

Authors

Alex Denne

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

alex.den.21@genieai.co
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