Cohabitation Agreement (De Facto / Living-Together Agreement in Australia)
Last updated · Reviewed by the Claim Done team · Not legal advice
A cohabitation agreement (sometimes called a "Binding Financial Agreement" under Part VIIIAB of the Family Law Act 1975) is the document by which a de facto couple sets out how their property and finances will be divided if the relationship ends. It covers each partner's separate property, joint property, contributions, and what happens in the event of separation.
Why this document matters
Under the Family Law Act 1975 (in Western Australia, the Family Court Act 1997 (WA)), de facto couples have the same property-division rights as married couples after 2 years of cohabitation (or earlier if there's a child or a substantial contribution). Without an agreement, the court applies its own discretion to divide property — which can be unpredictable and expensive.
How Claim Done can help
Binding Financial Agreements have very strict legal requirements — both parties must have independent legal advice from separate lawyers, and the agreement must be drafted in compliance with Family Law Act technical requirements to be enforceable. For non-relationship financial arrangements between cohabitants — sharing a property purchase, splitting renovation costs, joint business venture — our Heads of Agreement ($49) can document those.
Start your Heads of Agreement ($49) →
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