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Simple Cohabitation Agreement Template for Australia

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Key Requirements PROMPT example:

Simple Cohabitation Agreement

"Need a Simple Cohabitation Agreement for my partner and me as we're moving in together in March 2025; we both own separate properties and want to ensure our existing assets are protected while fairly sharing living expenses."

Document background
A Simple Cohabitation Agreement is essential for couples who choose to live together in Australia without getting married. This document becomes particularly relevant given the legal recognition of de facto relationships under the Family Law Act 1975 and various state-specific legislation. The agreement helps prevent future disputes by clearly outlining property rights, financial responsibilities, and living arrangements at the outset of cohabitation. It's especially important considering that de facto relationships can create legal obligations similar to marriage after two years of cohabitation or the birth of a child. The document should be drafted with consideration of both federal and state laws, and both parties should seek independent legal advice before signing to ensure enforceability.
Suggested Sections

1. Parties: Identification and details of both parties entering into the cohabitation agreement

2. Background: Brief context of the relationship and purpose of the agreement

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

4. Living Arrangements: Details of shared residence, property ownership/rental arrangements, and household responsibilities

5. Financial Arrangements: How daily expenses, bills, and shared costs will be managed and divided

6. Property Rights: Clear designation of separate and joint property ownership

7. Relationship Breakdown: Procedures and arrangements in case of relationship termination

8. Dispute Resolution: Process for resolving disagreements about the agreement's terms

9. Duration and Review: Term of the agreement and provisions for periodic review

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

11. Execution: Signing and witnessing requirements

Optional Sections

1. Children: Include when either party has existing children or plans for future children, covering living arrangements and responsibilities

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

3. Business Interests: Include when parties have shared business interests or plan to start a business together

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 protect future gifts or inheritances as separate property

6. Debt Management: Include when parties have significant existing debts or specific arrangements for managing future debts

7. Cultural or Religious Considerations: Include when specific cultural or religious practices need to be acknowledged and respected

Suggested Schedules

1. Schedule A - Asset Register: Detailed list of each party's assets at the time of agreement

2. Schedule B - Liability Register: Detailed list of each party's debts and financial obligations

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

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

5. Schedule E - Property Maintenance Schedule: Details of property maintenance responsibilities and cost sharing

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

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

Authors

Alex Denne

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

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Real Estate

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Family Services

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Legal

Family Law

Property Law

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Lawyer

Legal Associate

Family Law Specialist

Property Lawyer

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Real Estate Agent

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Conveyancer

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