The division of property arising from the breakdown in a de facto relationship in NSW is now covered under the Commonwealth Family Law Act

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

Property disputes between people of the same sex who live together 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 legislation.

In New South Wales the Property (Relationships) Act 1984 deals with a number of issues relating to same sex relationships including the adjustment of property.

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 if a same sex couple or a Binding Financial Agreement if an opposite sex couple.

Cohabitation agreements and Binding Financial 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.