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Cohabitation Prenuptial Agreement

Cohabitation Prenuptial Agreement Template for Australia

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Key Requirements PROMPT example:

Cohabitation Prenuptial Agreement

"I need a Cohabitation Prenuptial Agreement that protects my established business interests and significant property portfolio, while ensuring fair treatment of any jointly acquired assets during our planned cohabitation starting March 2025."

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Document background
The Cohabitation Prenuptial Agreement is a vital legal document for couples planning to enter or currently in a de facto relationship in Australia. It provides certainty and protection regarding property rights and financial arrangements, operating under the Family Law Act 1975 (Cth) and state-specific legislation. This agreement is particularly important as it allows couples to proactively manage their financial affairs and protect their assets before cohabitation begins. The document typically covers current and future asset division, financial responsibilities, dispute resolution procedures, and arrangements in case of relationship breakdown. It requires independent legal advice for both parties and must comply with strict legislative requirements to be legally binding. The agreement is especially relevant for individuals with significant assets, business interests, expected inheritances, or those seeking clarity in their financial arrangements during cohabitation.
Suggested Sections

1. Parties: Identifies and defines the parties entering into the agreement, including their full legal names, addresses, and occupations

2. Background: Sets out the context of the agreement, including the nature of the relationship, intention to live together, and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation

4. Independent Legal Advice: Declarations that both parties have received independent legal advice about the agreement, including certificates from their respective lawyers

5. Separation of Property: Establishes the general principle of separate ownership of property and assets brought into the relationship

6. Treatment of Joint Property: Defines how property acquired jointly during the relationship will be owned and divided

7. Financial Obligations: Outlines ongoing financial responsibilities during cohabitation, including bill payments, rent/mortgage, and household expenses

8. Relationship Breakdown Provisions: Details the agreed arrangements in case of relationship breakdown, including property division and financial settlements

9. Dispute Resolution: Specifies the process for resolving any disputes arising from the agreement

10. Severability: Ensures that if any provision is found invalid, the remainder of the agreement remains enforceable

11. Governing Law: Specifies that the agreement is governed by Australian law and relevant state legislation

12. Execution: Formal signing section including witness requirements and date of execution

Optional Sections

1. Children and Support: Include when parties have existing children or plan to have children, addressing financial support and custody arrangements

2. Business Interests: Include when either party owns a business or may establish one during the relationship

3. Inheritance and Gifts: Include when parties expect significant inheritances or gifts that need protection

4. Intellectual Property: Include when either party has significant intellectual property rights

5. Debts and Liabilities: Include when parties have significant pre-existing debts or anticipate future liabilities

6. Pets and Personal Effects: Include when parties want to specify arrangements for pets or significant personal items

7. Life Insurance and Superannuation: Include when parties want to address beneficiary arrangements for insurance and retirement accounts

8. Cultural or Religious Requirements: Include when parties need to address specific cultural or religious obligations

9. International Assets: Include when either party has assets in other countries

Suggested Schedules

1. Schedule A - Party 1 Assets: Detailed list of all assets owned by Party 1 at the time of agreement

2. Schedule B - Party 2 Assets: Detailed list of all assets owned by Party 2 at the time of agreement

3. Schedule C - Joint Assets: List of any assets already jointly owned by the parties

4. Schedule D - Party 1 Liabilities: List of all debts and liabilities of Party 1

5. Schedule E - Party 2 Liabilities: List of all debts and liabilities of Party 2

6. Schedule F - Anticipated Future Assets: List of expected inheritances, gifts, or other future assets

7. Schedule G - Certificates of Independent Legal Advice: Signed certificates from each party's legal representative

8. Schedule H - Financial Disclosure Statements: Detailed financial disclosure from both parties

9. Appendix 1 - Agreed Valuation Reports: Any professional valuations of significant assets

10. Appendix 2 - Supporting Documents: Copies of relevant titles, account statements, and other supporting documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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