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Difference between revisions of "Cohabitation and Living Together Agreements"
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Cohabitation and Living Together Agreements (view source)
Revision as of 01:19, 23 February 2017
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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 and 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. | 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 and 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 | 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 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 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 arrangements and contact. They can't ask for orders about the division of property and debt or spousal support under the ''Family Law Act''. | An unmarried couple who aren't spouses under the ''[[Family Law Act]]'' can only ask for orders about parenting arrangements and contact. They can't ask for orders about the division of property and debt or spousal support under the ''Family Law Act''. | ||
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*the couple are young, | *the couple are young, | ||
*neither party has significant property or debt going into the relationship, | *neither party has significant property or debt going into the relationship, | ||
*neither party is bringing any children into the relationship and no children are expected right away, | *neither party is bringing any children into the relationship and no children are expected right away, and | ||
*both parties are working out of the home and expect to continue working out of the home. | *both parties are working out of the home and expect to continue working out of the home. | ||
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{{REVIEWED | reviewer = | {{REVIEWED | reviewer = [[Beatrice McCutcheon]], February 22, 2017}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||