Brisbane Cohabitation Marriage

Marriage law

Cohabitation Agreement

In Australia two partners do not need to be legally married to one another to be in a relationship of financial dependence on one another. If you have lived together, in an exclusive relationship for a year... or less you could unwittingly have a financial responsibility towards one another. In the event of a break-up one of the partners may be able to insist and property and assets are divided up.  This is in contrast to laws in Europe which do not usually recognise defacto and common-law relationships as being an unwritten financial agreement.

Many people in Brisbane do not wish to be in a position where their partner could interfere with their finances and prefer to stay financially independent of their partners. In these cases they often choose to draw up a cohabitation agreement. A cohabitation agreement will outline the way both partners’ assets may be divided up in the event of a relationship breakdown.

Prenuptial Agreement

Prenuptial agreements are usually recognised by courts in Australia but there are situations where they may not be recognised. The conditions of entry are taken into account, for example there was the case of a woman who had already planned a wedding and the groom asked her two days before the wedding to sign the agreement. Since the woman would face a great deal of embarrassment, and great financial lost (cost of the wedding) by not going through with the wedding then it could be seen that she was forced into signing the Prenup.

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About Us

We are specialists in family law matters in Brisbane. We have years of experience dealing with divorce, settlements, custody, separations, prenuptials, cohabitation agreements, custody and all family law matters in Brisbane