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Before pre De Facto Relationship financial agreement

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Before De Facto Cohabitation.

Changes to the

Family Law Act

a few years ago has made it possible for defacto couples to make ‘

Financial Agreements’

. This means that de facto couples can make the equivalent of a

‘prenuptial agreement’

before they commit to living together in a domestic situation and partnership.

Making a

pre de facto agreement

before you move in together

gives you peace of mind that your assets are protected. It allows you to stipulate and quarantine particular assets or financial resources from claim should the relationship break down.

By “isolating” those assets, each party is able to leave the relationship, should the need arise, with the property they brought in. Putting your agreement in writing puts a stop to the niggling doubts and “what if?” questions.

This type of legal arrangement is quite common, it takes care of the practical matters and is generally no more difficult than a Will to draft.

Let’s  look at an example

A pre de facto agreement allows a couple to determine how their property should be divided in the event of a ralationship breakdown
Greg and Yana are a professional couple, each of them recovering from a previous marriage split. Although they both feel their new relationship will be strong and withstand the test of time, they are nervous about combining all of their finances before they have been together for a longer period.

What should they do?

Greg and Yana can enter into the next phase of their life together and still take care of the financial arrangements.

Essentially, both Greg and Yana make a declaration of the assets and liabilities they own before moving in together and include it in their Financial Agreement. They are each responsible for the debts they bring to the table and each can leave with the assets they they have brought into the partnership. If they choose, they can also make provision for separate or combined living expenses.

A Certificate of Legal Advice is also required


The Family Law Act requires a Certificate of Legal Advice

Section 90UJ

of the family law act requires both parties to obtain

certification of independent legal advice

from a legal practitioner.

Once the advice is given, the solicitor for each party will attach a Certificate confirming that advice was given prior to the parties signing the Agreement.

This prevents either party from arguing that, at the time of making the agreement, they were unaware of the ramifications of signing the agreement.

Make sure you visit our

Agreement Review

page to learn more about this requirement and to find out how you can obtain your certificate of legal advice at a fraction of the normal solicitor costs.

Easy to Use Kit available for immediate download

Pre Defacto Kit


pre de facto agreement kit

has been professionally drafted to comply with section 90UB of the Family law Act and allows you to complete a pre defacto financial agreement with a minimum of fuss. It includes;

  • The

    Defacto Agreement template

    (for either

    Western Australia


    all Other States

    ) – 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 it’s always a good idea to update your will when your life circumstances change, such as separation or divorce, the birth of a child or entering into 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 ensure it’s ready for the lawyers and the mandatory Legal Advice. This is how we save you thousands of dollars in legal fees.

  • Access to fixed price Legal Advice

    so you can get your agreement certified without spending a fortune.

Before Cohabitation or Pre De facto Agreement

Kit –

Available for Immediate Download,



Buy Pre De facto Agreement for All States except WA

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Buy Pre De facto Agreement for WA Pre De facto Agreement

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A few sample pages of our Pre de facto Agreement

We’ve shown the agreement for all states except W.A. The grey boxes indicate form fields where you enter your personal information. Yellow highlights indicate areas where you will choose a clause that suits your situation.

pre de facto agreeemnt sample 1

pre de facto agreement sample 2

Sample 3

Questions? Call 1800 608 088

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