Cohabitation Agreement After Divorce Template for Australia

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Key Requirements PROMPT example:

Cohabitation Agreement After Divorce

"I need a Cohabitation Agreement After Divorce for my new living arrangement starting March 2025, which must include provisions for protecting my business assets and ongoing alimony obligations from my previous marriage, while establishing clear terms for sharing household expenses with my new partner."

Document background
A Cohabitation Agreement After Divorce is a crucial legal document for individuals who have been previously married and are now entering into a new living arrangement with a partner in Australia. This document becomes particularly important when parties have existing obligations, assets, or responsibilities from previous marriages that need to be clearly addressed and protected. The agreement is designed to comply with Australian federal law, particularly the Family Law Act 1975, and relevant state legislation governing de facto relationships. It typically includes detailed provisions about property rights, financial arrangements, existing obligations from previous marriages, and procedures for potential relationship breakdown. The document serves to prevent future disputes by clearly establishing expectations and responsibilities at the outset of cohabitation, while protecting both parties' individual interests and assets acquired before and during the cohabitation period.
Suggested Sections

1. Parties: Identification and details of both parties entering into the cohabitation agreement

2. Background: Context of the agreement, including acknowledgment of previous marriages and divorces

3. Definitions: Key terms used throughout the agreement

4. Purpose and Intent: Clear statement of the parties' intentions in entering the cohabitation agreement

5. Living Arrangements: Details of shared residence, property ownership/rental, and household responsibilities

6. Financial Arrangements: Day-to-day financial responsibilities, bill sharing, and joint/separate accounts

7. Property Rights: Treatment of individual and jointly acquired property during cohabitation

8. Existing Obligations: Recognition and handling of obligations from previous marriages

9. Relationship Breakdown: Procedures and arrangements in case of relationship termination

10. Dispute Resolution: Process for resolving disagreements between parties

11. Governing Law: Specification of applicable jurisdiction and legislation

12. Amendment and Termination: Procedures for modifying or ending the agreement

13. Execution: Signing and witnessing requirements

Optional Sections

1. Children from Previous Marriages: Arrangements regarding children from previous marriages, including living arrangements and financial responsibilities

2. Pets and Animals: Arrangements for existing or future pets, including ownership and care responsibilities

3. Shared Business Interests: Management of any shared business ventures or investments

4. Estate Planning: Provisions relating to wills, inheritance, and death benefits

5. Insurance Arrangements: Requirements for life, health, or property insurance

6. Intellectual Property: Treatment of intellectual property created during cohabitation

7. Religious/Cultural Observances: Agreements regarding religious or cultural practices

8. Support Obligations: Any ongoing support obligations to former spouses or dependents

Suggested Schedules

1. Schedule A - Financial Disclosure: Detailed disclosure of each party's financial position, including assets, liabilities, and income

2. Schedule B - Existing Assets: Comprehensive list of assets owned by each party prior to cohabitation

3. Schedule C - Existing Liabilities: List of debts and obligations from previous marriages or other sources

4. Schedule D - Shared Property Inventory: List of items purchased jointly during cohabitation

5. Schedule E - Previous Marriage Details: Summary of previous marriages and related ongoing obligations

6. Appendix 1 - Certificate of Independent Legal Advice: Confirmation that each party received independent legal advice

7. Appendix 2 - Supporting Documents: Copies of relevant documents such as divorce decrees and property settlements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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