How to-talk-about-cohabitation-agreement
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How to talk to your partner about a Cohabitation Agreement
Moving in with your partner is a big step
With these laws in place it may not just be a simple matter of shacking up
and moving on when the time comes.
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Legally you are considered a “de facto couple” and Australian
law grants rights comparable to those of a married couples.
This means that if your relationship lasts longer than 2 years
then either party can apply to the Court for:-
Orders for the division of your combined property
Orders for spousal maintenance
Laying your cards on the table
A Cohabitation Agreement (or Financial Agreement) is a legal tool that you can use to clarify:
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This type of agreement acts as a foundation for the relationship providing security for both parties and helping you avoid misunderstandings and disputes.
how assets and liabilities are owned;
in what proportions; and
what should happen if the relationship ends.
Talking about a Cohabitation AgreementIt can sometimes be a little awkward talking about a Financial Agreement especially if one partner has a greater asset pool. It’s important to approach the subject gently, keeping these 4 tips in mind.
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Timing
Start Simple
Address Why
Stay Calm
Plan ahead – choose a time carefully
Don’t cover everything at once – Keep it Simple
Be prepared to answer why it’s important to you
Stay calm, fair and respectful
Don’t surprise your Partner with a completed agreement to sign
Apart from the fact that it is likely to scare your partner it can affect the validity of the
agreement. Financial Agreements are a collaborative process and they work most
effectively when both partners agree.
The law is very clear in its intention that a Financial Agreement must not be made under
undue pressure or duress.
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Get the timing rightTiming
Schedule a time
Let your partner know you have something important to discuss and schedule a time
when you will both be calm and distraction free.
Keep the discussions short and simple
Don’t try to cover everything at once and if the discussion becomes emotional or
heated, agree to stop and meet again at another time. Having regular short meetings is
better because it gives both parties the chance to digest what has been discussed
without becoming overwhelmed.
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Start simpleStart Simple
Realise it can be a process
Your first discussions might be broader or more philosophical as you come to an
agreement about why the document is required. Once you have that meeting of the
minds you can start fleshing out the details.
Your partner may not know very much about a Cohabitation
Agreement and may question why it is necessary.
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Have an answer for why?Address Why
Having an answer prepared in advance allows you to express your thoughts clearly so
you can address their concerns. For example, you might say…
“This house is all I was left with after the divorce. I’d like to sit down and talk about how
we will handle ownership and any future renovations and expenses,” or
“I am thinking about how we will handle our joint finances when we move in together.
We seem to have different spending styles, how are we going to work that out?"
Stay Calm
Talking about finances can make people emotional if they feel like their security is
threatened. Remember you are talking to someone you love and stay calm.
Set up some rules for the discussions
Agree that if things become heated you will stop and re-convene at another time. Agree
not to shout at each other or any other rules that will help you both feel heard and
understood.
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Stay calm, fair and respectfulStay Calm
We consider it our job to de-mystify the law and legal contracts.
We firmly believe that there are many times in life where you can enjoy the protection
of a well written legal contract without spending a fortune in legal fees. Because of
this, our aim is to make it easy for you to solve common legal issues that crop up in
life.
We have been at the forefront of a movement to make legal services more affordable
for average Australians by providing tools and back up support that empower people
to take control of their own legal matters.
Knowledge is power and even more so when it comes to legal matters.
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About Us
Need more information?
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DiY Legal Kits by RP Emery and Associates – Solid Legal Protection without the Expense
Go to www.peacefulpath.com.au or Call us on Freecall 1800 608 088