Co Habitation Agreement Template for Australia

A Co Habitation Agreement is a legally binding contract that protects your interests when you're living with a partner in a de facto relationship in Australia. This document establishes clear guidelines for property ownership, financial responsibilities, and living arrangements, providing security and clarity that common law relationships don't automatically guarantee. Under Australian law, these agreements are recognised and enforceable, making them an essential consideration for any couple planning to share their lives and assets.

When do you need this document?

You should consider a Co Habitation Agreement before moving in together, especially if either partner owns property, runs a business, or expects to receive an inheritance. The agreement becomes particularly important when there's a significant disparity in income or assets between partners, or when children from previous relationships are involved. It's also valuable if you want to maintain separate financial identities while sharing certain expenses, or if you're concerned about protecting family assets or business interests. Many couples also use these agreements to clarify expectations about household responsibilities, pet ownership, and future financial goals.

Key legal considerations

Your agreement must address property division, including how existing assets will be treated and how jointly acquired property will be owned. Financial provisions should cover day-to-day expenses, savings contributions, and debt responsibilities. Consider including clauses about inheritance rights, as de facto partners don't automatically inherit under intestacy laws in all Australian states. Dispute resolution mechanisms, such as mediation or arbitration, should be specified to avoid costly court proceedings. The agreement should also address what happens if the relationship ends, including property division and any ongoing financial obligations. Both parties must receive independent legal advice for the agreement to be enforceable, and full financial disclosure is essential for validity.

Legal requirements in Australia

Under the Family Law Act 1975 (Cth), Co Habitation Agreements are recognised as binding financial agreements for de facto couples. Each party must obtain independent legal advice before signing, and this must be evidenced by signed certificates from qualified lawyers. The agreement must be in writing and signed by both parties in the presence of witnesses. State-specific legislation, such as the Property Law Act and Domestic Relationships Act, may also apply depending on your jurisdiction. Full financial disclosure is mandatory, including all assets, liabilities, and income sources. The agreement should be regularly reviewed, particularly after major life events like marriage, children, or significant asset acquisition, as circumstances may affect its enforceability.