For the most part, as of the 1st March 2009 the Family Law Act 1975 (federal law) now regulates financial matters relating to defacto relationships. This includes cohabitation agreements and separation agreements.
However Western Australia and South Australia have decided not to refer their powers under state legislation to the Commonwealth as the remaining states and territories have done.
This means if you are in a de facto relationship (opposite or same sex) and you live in any state apart from Western Australia or South Australia, your defacto relationship is regulated under part VIIIAB of the Family Law Act 1975.
We offer a complete range of personal or domestic relationship agreements which comply with the prevailing law of each state and territory.
Each financial agreement kit includes a comprehensive manual that explains the law as it applies to this agreement. It will show you in simple terms how to thoroughly cover important legal requirements, and how to complete your agreement in detail. In addition, it contains alternative legal clauses and provisions you can use to personalise your agreement.
Important note: The Family Law Act requires each party to receive independent legal advice before signing the agreement. This prevents either party from arguing that, when signing the agreement, they
did not understand what they were agreeing to.
Our financial agreement review service is available as an option with all these agreements.
If the agreement you are looking for is not listed or you have specific questions about the most suitable template please feel free to e-mail us and we will answer your enquiry within one business day.
NSW, QLD, Victoria, ACT, Northern Territory, Tasmania.
Western Australia (Family Court Act 1997)