Affidavit Of Cohabitation Template for Australia
Generate a bespoke document
What is a Affidavit Of Cohabitation?
The Affidavit of Cohabitation is a crucial document in the Australian legal system used to establish the existence and nature of a de facto relationship through formal declaration of living arrangements. This document is commonly required for immigration applications, social security benefits, legal proceedings, or other administrative purposes where proof of a domestic relationship is necessary. The affidavit must comply with federal legislation such as the Family Law Act 1975 and state-specific statutory declaration requirements. It typically includes detailed information about the relationship's nature, shared living arrangements, financial interdependence, and social aspects of the partnership, supported by documentary evidence. The document must be sworn or affirmed before an authorized witness such as a Justice of the Peace or Commissioner for Declarations.
About the Affidavit Of Cohabitation
An Affidavit of Cohabitation is a formal statutory declaration that provides legal proof of your de facto relationship and living arrangements under Australian law. This sworn document establishes the existence and nature of your domestic partnership, detailing your shared living situation, financial arrangements, and relationship characteristics that demonstrate genuine cohabitation.
When do you need this document?
You'll need an Affidavit of Cohabitation when applying for partner visas or other immigration applications where you must prove your relationship status to the Department of Home Affairs. Centrelink also requires this document when claiming benefits as a couple or when your relationship status affects payment eligibility. Family Court proceedings involving property settlements or parenting matters may require proof of your de facto relationship through this affidavit. Additionally, superannuation funds, insurance companies, and other financial institutions often request cohabitation affidavits when processing claims or beneficiary applications.
Key legal considerations
Your affidavit must accurately reflect the genuine nature of your relationship and living arrangements, as false declarations carry serious legal penalties under the Criminal Code Act 1995. Include specific details about shared finances, household responsibilities, social recognition of your relationship, and any periods of temporary separation with explanations. The document should demonstrate the six factors courts consider when determining de facto relationships: duration of cohabitation, nature of the household, degree of financial dependence, ownership of property, care of children, and public recognition. Supporting evidence such as joint leases, shared bills, or witness statements from family and friends strengthens your affidavit's credibility and legal standing.
Legal requirements in Australia
Under the Family Law Act 1975, your de facto relationship must involve living together as a couple on a genuine domestic basis, excluding marriages and close family relationships. The Statutory Declarations Act 1959 requires your affidavit to be witnessed by an authorised person including Justices of the Peace, Commissioners for Declarations, or legal practitioners registered in Australia. You must include your full legal name, address, and detailed relationship history spanning at least twelve months for most legal purposes. State-specific Property (Relationships) legislation may impose additional requirements depending on your jurisdiction and intended use. The document must be signed in the presence of your authorised witness, who will also sign and stamp the affidavit to confirm your identity and the voluntary nature of your declaration.
GOVERNING LAW
Applicable law
This Affidavit Of Cohabitation is drafted to comply with Australia law. Key legislation includes:
Statutory Declarations Act 1959 (Cth): Governs the requirements and format for making statutory declarations in Australia, which is relevant as an Affidavit of Cohabitation is a form of statutory declaration
Evidence Act 1995 (Cth): Contains provisions regarding the admissibility of evidence, including affidavits and statutory declarations in legal proceedings
Oaths Act 1867 (State-specific): State-based legislation governing the administration of oaths and affidavits, including who can witness them and the formal requirements
Property (Relationships) Act 1984: State-based legislation that may be relevant for property matters in de facto relationships and recognizing cohabitation status
Migration Act 1958 (Cth): Relevant when the Affidavit of Cohabitation is being used for immigration purposes to prove genuine domestic partnership
Explore 208,390+ legal templates
Explore 208,390+ legal templates
Genie's Security Promise
Genie is the safest place to draft. Here's how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie's AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it