Difference between revisions of "Cohabitation and Living Together Agreements"

The big difference between marriage agreements and cohabitation agreements is that people who sign a cohabitation agreement aren't married and may not intend to get married, or at least not just yet. They may become unmarried spouses or they may not. As a result, it's important to understand exactly how the legal status of unmarried spouses differs from both the legal status of other unmarried couples and the legal status of married spouses before even thinking about the idea of a cohabitation agreement.  

Married spouses have been legally married, either by a civil ceremony performed by a marriage commissioner or in a religious ceremony performed by a religious official. Married spouses who go to court are entitled to ask for orders under the ''[[Family Law Act]]'' about the division of property and debt, spousal support, and, if they have children, orders about parenting arrangements and contact.  

*they've lived together in a marriage-like relationship for two years, or

*they've lived together in a marriage-like relationship for a shorter period of time and have a child together.

Unmarried spouses who have lived together for at least two years and go to court are entitled to ask for orders under the ''[[Family Law Act]]'' about the division of property and debt, spousal support, and, if they have children, orders about parenting arrangements and contact. Their rights are exactly the same as married spouses; these couples should also read the discussion on [[Marriage Agreements]] in the next section of this chapter.

However, unmarried spouses who have a child and have lived together for less than two years are only entitled to ask for orders about spousal support and, if they have children, orders about parenting arrangements and contact. They can't ask for orders about the division of property and debt under the ''Family Law Act''.  

In some situations, an unmarried couple can become spouses for the purposes of the ''Family Law Act'' if they have been in a marriage-like relationship for two years, even if they do not live together in the same house all of the time.  In other situations, an unmarried couple may not become spouses even after living together for two years if they are not in a marriage-like relationship.  If you are not sure about whether you would be a spouse for the purposes of the ''Family Law Act'', it is a good idea to get legal advice about this issue as part of deciding whether you need an agreement.