Frequently Asked Questions

Can we make an agreement on what property we obtain if we separate?
Yes, an agreement can be made before, during and after the relationship. Financial Agreements under the Family Law Act can only be used if you marry. Cohabitation Agreements only apply to unmarried relationships.
What can an agreement before or during a relationship do for us?
Your Agreement can say: - How you and your partner want to deal with the financial arrangements in your relationship; and - What will happen to your finances and assets if the relationship ends. This can include dealing with issues of spousal maintenance.
What if we want to end the agreement early?
You can bring your cohabitation agreement to an end but you will both need to agree, sign and meet other formalities.
Can we just make our own agreement?
Informal agreements are not binding. It is always good to reach agreement but you will need to meet the strict formalities for your agreement to be binding. If you have gone to the trouble of reaching agreement it is essential that you formalise what you have agreed and both be certain of where you stand for the future.
What if we have had children since we made our agreement?
If there has been a material change in circumstances relating to children, and the terms of your agreement mean that you, your partner or the children will suffer hardship then the agreement may not be enforced.
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