Ok, so it looks like you’re living in a de facto relationship with your lesbian partner. If this is correct and you are thinking about a lesbian cohabitation agreement, read on.
In 2009, the Family Law Act was amended so that any de facto couple, including gay and lesbian couples, were to be treated in much the same manner as any other married couple, in the eyes of the Family Court.
This means that if a de facto relationship of sufficient duration breaks down, then either party can make a claim in relation to the property pool.
That is, either party has the right to ask the family court to make orders determining how property should be divided.
Instead of leaving such matters up to the court, de facto couples can make a financial agreement at any time during the relationship, which ousts the power of the court to make such orders.
Financial agreements are a tool that allows you to document your intentions concerning the division of property (assets or debt) in the event of a separation.
A cohabitation agreement is quite straightforward, and covers all the common issues that may be of concern for a de facto couple. Things like entitlements to superannuation, quarantining of real estate, business interests or family assets. In addition, securing the future inheritance for children from a previous relationship may be a major consideration.
This agreement provides the framework that shows you how to set out in clear terms what you and your partner think would be a fair and reasonable division of assets and liabilities should the relationship end.
It is suitable for a lesbian couple looking to provide a degree of certainty about their future by allowing them to quarantine property from future claim.
If you have a question about this lesbian cohabitation agreement, or any of our other agreements, please feel free to give us a call on 1800 608 088.