Hilton King Lawyers Wollongong (Fairy Meadow)

Family Law

De Facto Relationships

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Cohabitation Agreements Under The Property Relationship Act

Cohabitation agreements are agreements made between parties who are living together and who are not married and do not intend to get married.

People who intend to marry and who wish to enter into an agreement concerning their relationship may enter into a Binding Financial Agreement under the Family Law Act.

Property disputes between people of the same sex or opposite sex who live together outside of marriage do not fall within the provisions of the Family Law Act. Disputes arising from their relationship are normally determined by the law relevant to the State in which they reside. All the States and Territories in Australia now have specific de facto legislation.

In New South Wales the Property (Relationships) Act 1984 deals with a number of issues relating to de facto relationships including the adjustment of property. This Act was previously known as the De facto Relationships Act.

Any dispute arising out of a failed relationship can be costly and time consuming.
For that and other reasons parties may decide to enter into a cohabitation agreement. Cohabitation agreements clearly set out:-

which assets were brought by each of the parties into the relationship
how the continued ownership of those assets is to be dealt with and the use of those assets, and
what should happen in the event that the relationship breaks down.

Greg Woods is an accredited specialist in Family Law and is experienced in the
preparation of Cohabitation Agreements.