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Cohabitation Financial Agreements, De Facto Law

De facto Kits

De facto not WA

De facto WA

Same-Sex Kits

Same Sex Kits

Financial Agreements: Cohabitation and De Facto Relationships.

The decision to live with ones partner is often made with little consideration to the rights each person has with respect to assets, money and property.

Issues about dividing property (

also known as property settlement

) might not concern younger couples, but older couples with significant assets and / or children may enter cohabitation a little more cautiously. One might say once bitten twice shy.


Family Law Act



) allows

de facto couples

to make application

to the Family court for orders in respect of the division of property and spousal maintenance.

This means that even though a couple may not be legally married there is no discernible difference in the rights of the couple under the law, in a relationship of sufficient duration or where children are involved. These laws apply to both hetero and

same sex couples


Avoid the Courts – Make a Financial Agreement

The Act (

section 90UC)

sets down provisions for de facto couples to avoid court proceedings by making a

financial agreement


A pre de facto agreement allows a couple to determine how their property should be divided in the event of a ralationship breakdown

A de facto agreement allows a couple to avoid court by settling how their property should be divided in the event of a relationship breakdown.

By making a

cohabitation or de facto agreement

, you can quarantine certain assets from litigation during a property settlement. This can help you to feel more secure in the relationship particularly if one partner has significant assets and the other does not.

Your financial agreement allows

you to decide

what you think would be a

fair and equitable distribution of property in the event of separation

instead of leaving it up to the courts.

You can choose to deal with all of your financial interest now or you may choose to deal with a single asset like a family farm, a business or an inheritance.

Financial agreements can comfort and reassure people living in or entering into de facto relationships. They are recognised and enforceable under Part VIIIAB of the Family Law Act and can save you time, money and a lot of heartache.

Thank you

“Thank you for the excellent service… what initially seemed to be a taunting task you made uncomplicated, efficient and user-friendly. I wouldn’t hesitate to recommend your service.” Cherie G QLD

Which Cohabitation Agreement do you need?

There are three factors to consider when choosing the most appropriate Financial Agreement for your situation.

  • Firstly which state you live in.
  • Secondly are you living together yet or not
  • Thirdly – are you in a heterosexual or same sex union.

Which state do you live in?

If you live in Western Australia you need a different agreement – see the link below.

For all other states and territories, ask yourself…

Are you actually living together yet?


heterosexual couple
Yes we are living together – Get the

Financial Agreement 90UC Kit

$147 or the

Cohabitation Agreement for Western Australia

No – we intend to move in together soon – go to

Cohabitation Agreements Before Living Together


Same Gender Defacto Kits
Yes we are living together – go to

Same-Sex Cohabitation

No – we intend to move in together soon – go to

Same-Sex Cohabitation Agreements Before Living Together

Cohabitation Agreement for Heterosexual Couples already living together in all states except Western Australia

These comprehensive

Cohabitation Agreements

have been drafted to comply with the relevent federal or state legislation. They give you all the guidance you need to create a legally binding, protective cohabitation agreement.

The easy to use kit includes

Pre Defacto Kit


de facto agreement kit

has been professionally drafted to comply with section 90UB of the Family law Act or the section 205ZO of the Family Court Act (Western Australian) and allows you to complete a defacto financial agreement with a minimum of fuss. It includes;

  • The

    defacto Agreement template

    – 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 you often need to update your Will when entering 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.

Sample Pages of a Cohabitation Agreement

We’ve shown the agreement for all states except W.A., heterosexual couple.

The grey boxes indicate form fields where you enter your personal information.

Sample defacto cohabitation Agreement

Cohabitation Agreement Sample Excerpt 2

Cohabitation Agreement Sample Excerpt 1

Cohabitation agreement kits available for immediate download
$147 Choose either a kit for all states except Western Australia or the kit for West Australia.

Couple Defacto Western Australia

cohabitation agreement download

Important note - you will need to obtain independant legal advice to complete your financial agreement

Section 90UJ

of the Family Law Act requires that each party to the agreement to receive

independent legal advice

before the agreement has any legal force, we have introduced our –

Agreement Review and Legal Certification Service


Questions? Call 1800 608 088

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