Common Law Partner Agreement Template for Australia

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Key Requirements PROMPT example:

Common Law Partner Agreement

"I need a Common Law Partner Agreement for my partner and me, where I own a successful tech startup and several investment properties, and we want to ensure our business and personal assets remain separate while sharing living expenses in our newly purchased home from March 2025."

Document background
The Common Law Partner Agreement (also known as a Cohabitation Agreement) is essential for couples in de facto relationships in Australia who wish to establish clear legal and financial arrangements. This document becomes particularly important given that Australian law, primarily through the Family Law Act 1975 and state legislation, provides significant rights to de facto partners similar to married couples. The agreement should be prepared when couples begin cohabitation or at any point during their relationship, ideally before acquiring significant shared assets. It covers crucial aspects such as property division, financial responsibilities, and dispute resolution mechanisms, while also allowing for optional provisions regarding children, pets, and business interests. The document must comply with Australian federal and state laws and requires both parties to receive independent legal advice to ensure enforceability.
Suggested Sections

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

2. Background: Context of the relationship, purpose of the agreement, and confirmation that both parties enter into it freely

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

4. Recognition of Relationship: Acknowledgment of the de facto relationship status and its commencement date

5. Independent Legal Advice: Confirmation that both parties have received independent legal advice before signing

6. Property Rights: Declaration of existing property ownership and how property will be treated during the relationship

7. Financial Arrangements: Day-to-day financial responsibilities, joint accounts, bill payments, and shared expenses

8. Separation of Assets: Clear delineation of individually owned assets and agreement on maintaining separate ownership

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

10. Dispute Resolution: Process for resolving disagreements, including mediation requirements before court proceedings

11. Governing Law: Specification that the agreement is governed by Australian law and relevant jurisdiction

12. Execution: Signing requirements and attestation provisions

Optional Sections

1. Children: Provisions regarding existing or future children, including care arrangements and financial responsibilities

2. Pets: Ownership and care responsibilities for pets, including arrangements in case of separation

3. Business Interests: Protection and management of business assets and interests owned by either party

4. Inheritance Rights: Provisions regarding inheritance and estate planning

5. Intellectual Property: Protection of intellectual property rights owned by either party

6. Domestic Duties: Division of household responsibilities and domestic arrangements

7. Health and Medical Decisions: Authority for medical decisions and healthcare directives

8. Cultural or Religious Obligations: Specific provisions related to cultural or religious practices important to the parties

Suggested Schedules

1. Schedule A - Asset Register: Detailed list of assets owned by each party at the time of agreement

2. Schedule B - Liabilities Register: List of debts and liabilities of each party at the time of agreement

3. Schedule C - Shared Property: Inventory of jointly owned property and agreed ownership percentages

4. Schedule D - Financial Disclosure: Complete financial disclosure statements from both parties

5. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from lawyers confirming independent legal advice

6. Appendix 2 - Property Valuations: Professional valuations of significant assets if applicable

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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