Financial Agreement Pre Defacto / Cohab $97.00
Pre Cohabitation Agreement
with Bonus Legal Will Kit
(for couples intending to live together)
Couples intending to live together in a defacto relationship deserve the security of a mutually agreed contract in writing, for their own protection.
This contract is referred to as a Cohabitation or more accurately a Financial Agreement(see below on changes to Family Law Act).
Couples intending to get married should define their relationship with a Prenuptial Agreement under section 90B of the act.
Your Cohabitation agreement becomes a legal expression of your intent as de facto partners - you can define how you intend to divide your assets and maintain any children you may have.
It is intended to serve as a safety net should you find yourself in the position of having to dismantle a relationship.
The temptation to avoid discussing topics such as breaking up and death is understandable.
However it is a sure sign of the strength and determination of your relationship when you can discuss the practical and unromantic aspects of your relationship openly and honestly.
What does this mean for you?
Should you ever separate, you can refer to your Financial Agreement and save yourself the stress, heartache and cost of settling property or maintenance matters within the Court system.
Drafting a Financial Agreement together whilst the relationship is strong is more likely to ensure a fairer outcome for both parties and allows you to avoid unnecessary bickering later on.
A Financial Agreement makes the painful process of separation less traumatic.
Changes to Family Law
Recent changes to The Family Law in Australia have switched the regulation of relationships from the individual states, excluding Western Australia, to the Commonwealth.
This means that defacto relationships, both hetero and same sex now rest under the protective umbrella of the Family Law Act (Act).
Terminology has changed too - Cohabitation Agreements are now called Financial Agreements and are classified under particular sections of the Act.
- 90UC - for couples already living together and
- 90UB - for couples intending to live together (but not yet sharing a residence)
- Same sex couple should click here for specific information.
Choosing the correct Agreement
There are two factors to consider when choosing the most appropriate Financial Agreement for your situation.
- Which state do you live in?
If you live in Western Australia - you need to go to WA Financial Agreements.
For all other states and territories, ask yourself...
- Are we actually living together yet?
No - we intend to move in together soon - Get the Financial Agreement 90UB Kit $97.00
Yes we are living together - go to Cohabitation Agreements Living Together
These comprehensive Financial (Cohabitation) Agreement Kits 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.
Your financial agreement kit includes a comprehensive manual that explains the law as it applies to this agreement. It will show you in simple terms how to thoroughly cover important legal requirements, and how to complete your agreement in detail. In addition, it contains alternative legal clauses and provisions you can use to personalise your agreement.
Sample Agreement - click to enlarge
The kit includes
- the financial Agreement template
- a Comprehensive User's Guide which answers most questions;
- access to the Exclusive Members area which takes you through the process step-by-step;
- 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 after separation.
- Complimentary 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.
Important note: The Family Law Act requires each party to receive independent legal advice before signing the agreement. This prevents either party from arguing that, when signing the agreement, they did not understand what they were agreeing to.
Our financial agreement review service allows you satify the legal advice component of your agreement at a fraction of the usual cost.