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→Unmarried people and cohabitation agreements
An unmarried couple will become "spouses" for the purposes of the ''Family Law Act'' if:
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 and contact. Their rights are exactly the same as married spouses, except that it's only married spouses who must get a divorce to end their relationship. Married couples should read the discussion on [[Marriage Agreements]] in the next section of this chapter.
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 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'' 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 if, even after living together for two years, their relationship isn't "marriage-like." 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.
An unmarried couple who aren't spouses under the ''[[Family Law Act]]'' can only ask for orders about parenting and contact. They can't ask for orders about the division of property and debt or spousal support under the ''Family Law Act''.
For the purposes of this discussion, the critical distinction between unmarried spouses who have lived together and other unmarried couples lies in the different legal issues that arise when these different sorts of relationship come to an end. Here's a summary: