If you`re considering moving in with your partner, it`s important to know your rights and responsibilities. A cohabitation agreement is a legal contract that outlines each person`s financial obligations, property ownership, and rights in the event of a separation. While many people think that cohabitation agreements are only for married couples, they can also be used by de facto partners in Australia.
A de facto relationship is defined as two people who are not married but are living together in a genuine domestic relationship. Under Australian law, de facto couples have the same rights and responsibilities as married couples, including the ability to enter into a cohabitation agreement.
A cohabitation agreement can be particularly important for couples who are not married and do not have a legal framework protecting their rights. Without a cohabitation agreement, separating couples may face lengthy and costly legal battles to divide their assets and determine their financial obligations.
Fortunately, in Australia, you can access a free cohabitation agreement template through a variety of online sources. However, it`s important to note that these templates may not always be suitable for your circumstances and may need to be amended to reflect your individual needs.
When creating a cohabitation agreement, there are several important factors to consider. Firstly, you should consider what property you own separately and what you own jointly. You should also determine how you will split household expenses, such as rent and bills, and how you will divide any joint bank accounts or investments.
Additionally, you should consider what will happen if you decide to separate. Will one person buy out the other`s share of the property, or will you sell the property and divide the profits? How will you divide any joint debts or liabilities?
If you`re not sure where to start with your cohabitation agreement, it may be worth seeking professional legal advice. A family lawyer can help you navigate the process and ensure that your agreement reflects your individual needs.
In conclusion, a cohabitation agreement can be an essential tool for protecting your rights and responsibilities as a de facto couple in Australia. By considering your individual circumstances and using a suitable template or seeking legal advice, you can create a cohabitation agreement that gives you peace of mind and protects your assets in the event of a separation.