How to talk to your partner about a Cohabitation Agreement

Moving in with your partner is a big step

With these laws in place it may not just be a simple matter of shacking up

and moving on when the time comes.

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Legally you are considered a “de facto couple” and Australian

law grants rights comparable to those of a married couples.

This means that if your relationship lasts longer than 2 years

then either party can apply to the Court for:-

Orders for the division of your combined property

Orders for spousal maintenance

Laying your cards on the table

A Cohabitation Agreement (or Financial Agreement) is a legal tool that you can use to clarify:

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This type of agreement acts as a foundation for the relationship providing security for both parties and helping you avoid misunderstandings and disputes.

how assets and liabilities are owned;

in what proportions; and

what should happen if the relationship ends.

Talking about a Cohabitation AgreementIt can sometimes be a little awkward talking about a Financial Agreement especially if one partner has a greater asset pool. It’s important to approach the subject gently, keeping these 4 tips in mind.

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Timing

Start Simple

Address Why

Stay Calm

Plan ahead – choose a time carefully

Don’t cover everything at once – Keep it Simple

Be prepared to answer why it’s important to you

Stay calm, fair and respectful

Don’t surprise your Partner with a completed agreement to sign

Apart from the fact that it is likely to scare your partner it can affect the validity of the

agreement. Financial Agreements are a collaborative process and they work most

effectively when both partners agree.

The law is very clear in its intention that a Financial Agreement must not be made under

undue pressure or duress.

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Get the timing rightTiming

Schedule a time

Let your partner know you have something important to discuss and schedule a time

when you will both be calm and distraction free.

Keep the discussions short and simple

Don’t try to cover everything at once and if the discussion becomes emotional or

heated, agree to stop and meet again at another time. Having regular short meetings is

better because it gives both parties the chance to digest what has been discussed

without becoming overwhelmed.

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Start simpleStart Simple

Realise it can be a process

Your first discussions might be broader or more philosophical as you come to an

agreement about why the document is required. Once you have that meeting of the

minds you can start fleshing out the details.

Your partner may not know very much about a Cohabitation

Agreement and may question why it is necessary.

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Have an answer for why?Address Why

Having an answer prepared in advance allows you to express your thoughts clearly so

you can address their concerns. For example, you might say…

“This house is all I was left with after the divorce. I’d like to sit down and talk about how

we will handle ownership and any future renovations and expenses,” or

“I am thinking about how we will handle our joint finances when we move in together.

We  seem to have different spending styles, how are we going to work that out?"

Stay Calm

Talking about finances can make people emotional if they feel like their security is

threatened. Remember you are talking to someone you love and stay calm.

Set up some rules for the discussions

Agree that if things become heated you will stop and re-convene at another time. Agree

not to shout at each other or any other rules that will help you both feel heard and

understood.

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Stay calm, fair and respectfulStay Calm

We consider it our job to de-mystify the law and legal contracts.

We firmly believe that there are many times in life where you can enjoy the protection

of a well written legal contract without spending a fortune in legal fees. Because of

this, our aim is to make it easy for you to solve common legal issues that crop up in

life.

We have been at the forefront of a movement to make legal services more affordable

for average Australians by providing tools and back up support that empower people

to take control of their own legal matters.

Knowledge is power and even more so when it comes to legal matters.

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About Us

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Go to www.peacefulpath.com.au or Call us on Freecall 1800 608 088