Protect Your Assets Before You Move In Together
A cohabitation agreement in Australia is a legally binding financial agreement designed to protect couples who are living together but not married. If you are entering a de facto relationship, moving into your partner’s home, contributing to renovations, receiving parental assistance for a deposit, or bringing significant assets into a relationship, you should consider formal protection.
At Adams United Lawyers, we draft fixed fee cohabitation agreements Australia wide. We protect assets, businesses, inheritances and future financial security with clear, enforceable agreements under the Family Law Act 1975.
What Is a Cohabitation Agreement
In Australia, a cohabitation agreement is structured as a Binding Financial Agreement for de facto couples under sections 90UB, 90UC and 90UD of the Family Law Act 1975.
It allows couples to formally set out:
• What assets each party owns before the relationship
• How property acquired during the relationship will be treated
• How liabilities will be managed
• What happens if the relationship ends
• Whether spousal maintenance is excluded
Without an agreement, the Family Court has broad discretion to redistribute property if separation occurs, even if assets are held in one name.
Do De Facto Couples Have Property Rights in Australia
Yes.
De facto couples have almost identical property settlement rights to married couples.
If a relationship breaks down and you do not have a financial agreement in place, the Court applies the four step property settlement process.
Step 1 Identify and value the asset pool
All assets, liabilities and superannuation are included, regardless of whose name they are in.
Step 2 Assess contributions
The Court examines financial contributions, non financial contributions, homemaker contributions and parenting contributions.
Step 3 Consider future needs
The Court looks at income disparity, age, health, care of children and earning capacity.
Step 4 Determine what is just and equitable
This means that even if one party brought a house into the relationship, the other party may receive a percentage interest following separation.
A cohabitation agreement removes this uncertainty.
Who Should Consider a Cohabitation Agreement
You should strongly consider an agreement if:
• One party owns property before moving in together
• There is a significant difference in asset position
• You expect an inheritance
• Parents are contributing to a property deposit
• You are entering a second relationship
• You operate a business
• You are renovating a property owned by one partner
These agreements are particularly important where one party is financially stronger or where family wealth needs protection.
Is a Cohabitation Agreement Legally Binding
To be legally binding under section 90G of the Family Law Act:
• The agreement must be in writing
• It must be signed by both parties
• Each party must receive independent legal advice
• Each solicitor must provide a signed certificate confirming advice was given
If these requirements are not strictly complied with, the agreement can be set aside.
Proper drafting and full financial disclosure are essential.
Fixed Fee Cohabitation Agreement Drafting
At Adams United Lawyers, we offer transparent fixed fees.
Drafting Fee
$2,200 including GST
This includes:
• Initial consultation
• Strategic advice tailored to your asset position
• Full tailored drafting
• Review of disclosure
• Reasonable amendments
• Liaison with the other party’s solicitor
• Section 90G legal advice certificate
Independent Legal Advice Review
$990 including GST
This includes:
• Clause by clause review
• Written advice letter
• Risk analysis
• Negotiation recommendations
• Section 90G certificate
We service clients nationwide including Queensland, New South Wales, Victoria, Western Australia, South Australia, ACT and Northern Territory.
Advantages of a Cohabitation Agreement
• Certainty and clarity
• Protection of pre relationship assets
• Protection of inheritances
• Protection of business interests
• Reduced risk of litigation
• Ability to exclude spousal maintenance
• Significant long term cost savings
Risks If an Agreement Is Drafted Poorly
An agreement may be set aside if:
There was non disclosure
There was undue influence or pressure
There was fraud
Circumstances relating to children create hardship
The agreement is impracticable
The agreement is unconscionable
Professional drafting reduces these risks significantly.
Cohabitation Agreement vs Prenuptial Agreement
A prenuptial agreement applies before marriage.
A cohabitation agreement applies to de facto couples.
Both operate under the Family Law Act and both must strictly comply with legislative requirements to remain enforceable.
Speak to a Cohabitation Agreement Lawyer
If you are moving in together, purchasing property jointly, receiving family assistance or protecting significant assets, do not rely on informal arrangements.
Book a consultation with Adams United Lawyers today.
Protect your position properly before problems arise.
