Cohabitation Separation Agreement Template for Australia

When your de facto relationship ends in Australia, a Cohabitation Separation Agreement provides legal certainty and protection for both parties. This formal document governs how you'll divide assets, allocate debts, and handle ongoing responsibilities after separation, ensuring your rights are protected under Australian family law.

When do you need this document?

You need a Cohabitation Separation Agreement when ending a de facto relationship where you've lived together as a couple for an extended period. This is particularly important if you own property together, have shared debts, operate a joint business, or have children from the relationship. The agreement becomes essential when one partner wants to claim a share of assets acquired during the relationship, or when you need to formalise arrangements for ongoing support or child care. It's also crucial if either party has significant superannuation entitlements or if there are disputes about who keeps specific items like vehicles, furniture, or pets.

Key legal considerations

Your agreement must clearly identify all assets and debts acquired during the relationship, including real estate, vehicles, bank accounts, investments, and personal property. Property division should consider each party's financial and non-financial contributions, including direct payments, improvements to property, homemaking, and child care. The agreement should address superannuation splitting, as de facto partners have rights to each other's super under Australian law. If children are involved, you must include arrangements for their care, including residence, contact schedules, and financial support. Both parties must receive independent legal advice before signing to ensure the agreement is legally binding and enforceable.

Legal requirements in Australia

Under the Family Law Act 1975, your Cohabitation Separation Agreement must be in writing and signed by both parties in the presence of independent witnesses. Each party must obtain separate legal advice before signing, and this must be evidenced by certificates from qualified legal practitioners. The agreement becomes a binding financial agreement once these requirements are met, preventing either party from seeking different property orders from the Family Court later. State legislation may also apply depending on your jurisdiction, particularly regarding property rights. The agreement must be fair and reasonable at the time of signing, with full disclosure of all assets, debts, and financial circumstances. Courts can set aside agreements that are unfair, obtained through duress, or where one party failed to disclose material information.