People who are entering into a “common law” relationship may have young children as well as property and debts from a previous marriage or common law relationship. A cohabitation agreement can address how issues from the previous relationship are to be dealt with.
A cohabitation agreement can help the parties to decide in advance how they will share property and debts that may be acquired in future and their division in the event of a separation. A cohabitation agreement may address an obligation to support children from a previous relationship. Even when the natural parent is paying support there may be a legal obligation on the cohabiting parties to support the other party’s child(ren).
The new Family Law Act enables parties who have been living in a relationship resembling marriage for at least two years or where there is a child of the relationship, to make a claim for family property. A cohabitation agreement may address new provisions of the Family Law Act including an agreement to arrange their own contract with respect to the presumption of equal sharing of family property.
If you are already cohabiting, you may still enter into a cohabitation agreement in Victoria. Robert J. Klassen Family Lawyer can assist you.