Cohabitation Property Agreement Template for Australia

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Key Requirements PROMPT example:

Cohabitation Property Agreement

"I need a Cohabitation Property Agreement for a couple planning to move in together in March 2025, where one partner owns a small business and the other has significant inheritance assets, with specific provisions needed for keeping these assets separate while sharing living expenses."

Document background
The Cohabitation Property Agreement serves as a crucial legal instrument for unmarried couples living together in Australia who wish to establish clear property rights and financial arrangements. This document becomes particularly important given the legal recognition of de facto relationships under the Family Law Act 1975 and various state legislations. It provides certainty regarding property ownership, financial responsibilities, and asset division, helping prevent potential disputes. The agreement should be prepared when couples commence cohabitation or at any point during their relationship, requiring full financial disclosure from both parties and independent legal advice to ensure enforceability. It typically includes detailed provisions for existing assets, future acquisitions, financial obligations, and property division procedures in case of relationship breakdown.
Suggested Sections

1. Parties: Identification and details of both cohabiting partners entering into the agreement

2. Background: Context of the relationship, purpose of the agreement, and acknowledgment of entering into it freely

3. Definitions: Key terms used throughout the agreement including 'relationship property', 'separate property', 'cohabitation', etc.

4. Duration and Application: When the agreement takes effect and how long it remains valid

5. Separate Property: Definition and listing of assets that remain individual property of each party

6. Joint Property: Definition and listing of shared assets and how they will be managed

7. Financial Responsibilities: Day-to-day financial obligations, bill sharing, and joint expenses

8. Property Acquired During Cohabitation: How future property acquisitions will be treated and owned

9. Relationship Breakdown: Process and principles for property division if the relationship ends

10. Dispute Resolution: Process for resolving disagreements about the agreement or property matters

11. Amendment and Termination: Process for changing or ending the agreement

12. Governing Law: Specification that the agreement is governed by Australian law

13. Execution: Signing requirements and declarations of independent legal advice

Optional Sections

1. Death Provisions: Include when parties want to address property rights upon death of either party

2. Business Interests: Include when either party owns a business or may start one during cohabitation

3. Inheritance and Gifts: Include when addressing treatment of inherited assets or significant gifts

4. Pets and Personal Effects: Include when there are pets or significant personal items to address

5. Debt Management: Include when parties have significant existing debts or anticipate future loans

6. Children: Include when there are existing children or plans for children during cohabitation

7. Property Maintenance: Include when there is shared property requiring specific maintenance arrangements

8. International Assets: Include when either party has overseas assets or investments

Suggested Schedules

1. Schedule A - Asset Register: Detailed list of each party's separate property at the time of agreement

2. Schedule B - Joint Property Register: Detailed list of shared assets and their agreed values

3. Schedule C - Financial Obligations: Breakdown of shared expenses and payment responsibilities

4. Schedule D - Property Certificates: Copies of property titles and ownership documents

5. Appendix 1 - Independent Legal Advice Certificates: Signed certificates from each party's legal advisor

6. Appendix 2 - Financial Disclosures: Financial statements and documents provided by each party

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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