Free Cohabitation Agreement

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Create Your Free Cohabitation Agreement

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Cohabitation Agreement

Where do both parties live?


Where do both parties live?

Australian Capital Territory

Your Cohabitation Agreement will be governed by the laws of the Australian Capital Territory. It is tailored to meet the specific laws and regulations of the Australian Capital Territory.


Frequently Asked Questions
What is a Cohabitation Agreement?A cohabitation agreement, known legally as a financial agreement, is a written agreement between parties who have chosen to live together, without being married.

Our Cohabitation Agreement provides both monetary and emotional security. This Cohabitation Agreement sorts out current and future financial and property issues prior to cohabitation. In general, it sets out who the parties are, what their current assets and liabilities are, and how all current and prospective property will be dealt with in the event of relationship breakdown.

This Agreement also deals with issues such as spousal maintenance, inheritance from one spouse in case of death, and acknowledgment of dependent children.
Who can use this Cohabitation Agreement?You can use this Cohabitation Agreement if you and your partner are two opposite-sex or same-sex adults who are:
- In a de facto relationship;
- Not married to each other;
- Not related by family; and
- Living together, or planning to live together.
What is a de facto relationship?A de facto relaitonship is one where the parties are a couple living together on a genuine domestic basis. Circumstances that demonstrate a de facto relationship are:
- length of the relationship;
- nature and extent of any common residence;
- existence of a sexual relationship;
- degree of financial dependence or interdependence;
- arrangements for financial support;
- ownership and use of property owned individually or together;
- whether the relationship has been registered under State or Territory law;
- degree of mutual commitment to a shared life;
- care and support of any children; and
- reputation and public aspects of the relationship (e.g. attending events together).

It is not essential that all of the circumstances above be present for the parties to be in a de facto relationship.
What if the parties do not live in the same state or territory?If both parties reside in different states or territories, then usually you should choose the state or territory where both parties will reside after cohabitation (e.g. If one party resides in Victoria and the other party resides in Queensland and both will cohabitate in Victoria, then select Victoria).

However, if neither party currently resides in the state or territory you will live in after cohabitation, then you can select the state or territory where either party currently resides (e.g. If one party resides in New South Wales and the other party resides in Queensland and both will cohabitate in Victoria, then select either New South Wales or Queensland).


Your Cohabitation Agreement

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Financial Agreement

THIS FINANCIAL AGREEMENT (the "Agreement") dated 25 September 2018.
BETWEEN:

_____________________
of _________________________

- AND -

_____________________

of _________________________

RECITALS

  1. This Agreement is made between _____________________ and _____________________ (collectively the "Parties" and individually a "Party") who are in a de facto relationship and presently reside together or intend to reside together in the future, although there is no present intention to marry.
  2. This Agreement is made under Section 90UC of the Family Law Act 1975.
  3. The Parties' non-marital cohabitation began or would begin on approximately 25 September 2018.
  4. The Parties wish to enter into this Agreement to provide for the status, ownership, and division of property between them, including future property owned or to be acquired by either or both of them.
  5. The Parties further wish to affix their respective rights and liabilities that may result from this relationship.
  6. The Parties recognise the possibility of unhappy differences that may arise between them. Accordingly, the Parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement and, insofar as the statutory or case law permits, intend that any statutes that may apply to them, either by virtue of Commonwealth or Territorial legislation, will not apply to them.
  7. The Parties also acknowledge that they each have retained their own lawyer and received independent legal advice regarding the terms of this Agreement.
  8. The Parties acknowledge that neither is under any duress or undue influence of the other, and that they are voluntarily entering into this Agreement.
  9. The Parties have disclosed to the satisfaction of each of them all assets and liabilities that each may have.

NOW THEREFORE in consideration of the upcoming cohabitation arrangement, and in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows:

  1. PROPERTY
  2. The Parties acknowledge that this Agreement will govern any determination of ownership of property that may occur in the event of the Parties separating, or upon the death of a Party.
  3. All jointly acquired or jointly held property, however and whenever acquired, will remain the property of and be owned by both Parties and will be treated as shared property (the "Shared Property").
  4. Except as otherwise provided in this Agreement, all property will be treated as property owned solely by either one of the Parties (the "Separate Property") except where:
    1. it is Shared Property; or
    2. there is proof of shared legal ownership.
  5. Nothing in this Agreement will prevent or invalidate any gift, or transfer for value, from one Party to the other of present or future property.
  6. Unless a Party can reasonably show that they solely own a piece of property, where either Party commingles jointly owned property with Separate Property, any commingled property will be presumed to be Shared Property.
  7. DEBTS
  8. The Parties acknowledge that this Agreement will govern any determination of responsibility of debts that may occur in the event of the Parties separating, or upon the death of a Party.
  9. All jointly acquired or jointly held debts, however and whenever acquired, will remain the debts of and be owed by both Parties and will be treated as shared debts (the "Shared Debts").
  10. Except as otherwise provided in this Agreement, all debts will be treated as debts owed solely by either one of the Parties (the "Separate Debts") except where:
    1. it is Shared Debt; or
    2. there is proof of shared legal responsibility.
  11. MAINTENANCE
  12. In the event of a separation the Parties agree that maintenance may be payable to one of the Parties on the basis of the Party's financial circumstances at the time of separation or otherwise. It is understood and accepted by each Party that maintenance will be determined according to the appropriate laws.
  13. ESTATES AND TESTAMENTARY DISPOSITION
  14. Nothing in this Agreement will limit or affect any rights that each may acquire as a cohabitant or cohabitant in the property, assets or estate of the other cohabitant.
  15. Nothing in this Agreement will invalidate or prevent either Party from naming the other as a beneficiary by will or other testamentary disposition.
  16. SEVERABILITY
  17. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
  18. INTENTION OF THE PARTIES
  19. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for many reasons, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
  20. DUTY OF GOOD FAITH
  21. This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
  22. FURTHER DOCUMENTATION
  23. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
  24. TITLE/HEADINGS
  25. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
  26. ENUREMENT
  27. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  28. GOVERNING LAW
  29. The laws of the Commonwealth of Australia will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.
  30. TERMINATION OR AMENDMENT
  31. This Agreement may only be terminated or amended by the Parties in writing signed by both of them.

IN WITNESS WHEREOF the Parties have hereunto set their hands and seals on 25 September 2018.

SIGNED, SEALED AND DELIVERED
In the presence of:

_____________________________
Witness
Printed Name: _________________

_____________________________
Witness
Printed Name: _________________

________________________
_____________________



_____________________________
Witness
Printed Name: _________________

_____________________________
Witness
Printed Name: _________________

________________________
_____________________


CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE AUSTRALIAN CAPITAL TERRITORY

I, ________________________, of the City of ___________________, in the Australian Capital Territory, Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by _____________________, named in the within instrument, being a Financial Agreement, separate and apart from _____________________, as to his legal rights and liabilities under the terms and conditions of the said Financial Agreement, and that I acted solely for him. I explained fully to him the nature and effect of the said Financial Agreement on his rights and the advantages and disadvantages to him of entering the said Financial Agreement. He did execute the said Financial Agreement in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from _____________________, or any other person.

DATED at the City of ___________________, in the Australian Capital Territory this ____________ day of _________, 20___.

________________________
SOLICITOR
Print Name: _____________



I, _____________________, the person named in the annexed Financial Agreement, hereby acknowledge the foregoing this ____day of ______________20___.


________________________
_____________________


CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE AUSTRALIAN CAPITAL TERRITORY

I, ________________________, of the City of ___________________, in the Australian Capital Territory, Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by _____________________, named in the within instrument, being a Financial Agreement, separate and apart from _____________________, as to her legal rights and liabilities under the terms and conditions of the said Financial Agreement, and that I acted solely for her. I explained fully to her the nature and effect of the said Financial Agreement on her rights and the advantages and disadvantages to her of entering the said Financial Agreement. She did execute the said Financial Agreement in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from _____________________, or any other person.

DATED at the City of ___________________, in the Australian Capital Territory this ____________ day of _________, 20___.

________________________
SOLICITOR
Print Name: _________________



I, _____________________, the person named in the annexed Financial Agreement, hereby acknowledge the foregoing this ____day of ______________20___.


________________________
_____________________

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