A practical guide to cohabitation agreements in Australia

A cohabitation agreement (also called a "living together agreement" or "cohabitation contract") is a legally binding agreement made by unmarried couples who live together in a de facto relationship. It outlines how property, finances, debts, and other assets will be handled during the relationship and if it ends.

In Australia, cohabitation agreements can be recognised as Binding Financial Agreements (BFAs) under the Family Law Act 1975. Like prenuptial agreements, they must meet strict legal requirements including independent legal advice for both parties to be valid and enforceable. Think of it as creating financial clarity and protection for couples who choose to live together without marrying. It provides certainty and can prevent costly disputes later.

Key benefits of cohabitation agreements

A well-drafted cohabitation agreement can protect existing assets like property, businesses, or inheritance while helping you avoid costly court disputes if you ever separate. It clarifies expectations about financial contributions, living expenses, and household responsibilities.

It can also help protect you from your partner's debts and establish clear ownership of assets acquired during the relationship. Many couples find that discussing a cohabitation agreement actually strengthens their relationship by encouraging open conversations about money, responsibilities, and future goals.

How LawConnect can help with your cohabitation agreement

Our AI legal assistant can answer your cohabitation agreement questions instantly whether you're wondering if it's right for you, what it should include, or how to protect your assets as an unmarried couple. Get personalised information based on your specific situation, available 24/7.

If you're in Australia, we can also connect you with a licensed family lawyer who can draft or review your agreement, ensure it complies with the Family Law Act, provide independent legal advice, and protect your interests with enforceable terms.

Common scenarios we help with:

  • You're living together and want to protect assets you brought into the relationship

  • You're buying property together and want clarity about ownership

  • You want to establish how living expenses and household costs will be shared

  • You want to protect yourself from your partner's debts

Frequently asked questions

Yes, cohabitation agreements can be legally binding in Australia if they're recognised as Binding Financial Agreements under the Family Law Act 1975. To be valid, both parties must receive independent legal advice and follow proper legal formalities. The agreement must be in writing, signed by both parties, and properly witnessed. Our AI legal assistant can explain what makes a cohabitation agreement binding, and we can connect you with a family lawyer who can provide legal advice when needed.

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