When it comes to relationships, whether personal or professional, it’s always better to have things in writing. In the legal world, a pre de facto agreement is one such document that can help you define the terms of your relationship with someone before it becomes a de facto relationship.
In this article, we’ll explore what a pre de facto agreement is, why you might need one, and some of the key things to consider when creating one.
What is a pre de facto agreement?
A pre de facto agreement, also known as a cohabitation agreement or a domestic partnership agreement, is a legally binding contract that sets out the rights and responsibilities of two people who are living together in a de facto relationship. It’s essentially a pre-nuptial agreement for couples who aren’t married or in a civil partnership.
The agreement can cover a range of topics, including property ownership and division, financial support, parenting arrangements, and more. It’s important to note that a pre de facto agreement can’t undermine or replace any existing laws or obligations, and it must be fair and reasonable to both parties.
Why might you need a pre de facto agreement?
There are several reasons why you might want to consider a pre de facto agreement:
1. Protection of assets: If you or your partner own significant assets or property, a pre de facto agreement can protect them in the event of a breakup.
2. Clarity of expectations: By defining the terms of your relationship upfront, you can avoid misunderstandings and disagreements down the line.
3. Peace of mind: Knowing that you have a legally binding agreement in place can give you peace of mind and reduce stress in your relationship.
4. Customization: A pre de facto agreement can be customized to fit your specific needs and circumstances, allowing you to create a unique arrangement that works for you and your partner.
What to consider when creating a pre de facto agreement
Creating a pre de facto agreement can be a complex process, but with the help of legal experts, you can ensure that your agreement is legally binding and comprehensive. Here are some key things to consider when creating a pre de facto agreement:
1. Seek legal advice: It’s important to consult a lawyer when creating a pre de facto agreement to ensure that it’s legally binding and follows all relevant laws and regulations.
2. Be clear and specific: Your agreement should be clear and specific about the terms of your relationship, including property ownership, financial support, and parenting responsibilities.
3. Be fair: A pre de facto agreement must be fair and reasonable to both parties to be legally binding.
4. Be flexible: Your agreement should be flexible enough to accommodate changes in your relationship and circumstances.
In conclusion, a pre de facto agreement is a valuable tool for couples who are living together in a de facto relationship. By defining the terms of your relationship upfront, you can reduce stress, avoid misunderstandings, and protect your assets. If you’re considering a pre de facto agreement, be sure to consult legal experts and consider all the relevant factors before creating your agreement.