Property disputes between people who are not married but are dealt with in the State Courts. Domestic partnerships can refer to different sex and same sex couples and other people who live together in a "close personal relationship" on a "genuine domestic basis". To avoid disputes about property parties can make a cohabitation agreement, more accurately described as a domestic partners property agreement. There are two ways to do this:

The parties can simply make an agreement in writing which acts as a contract between them. If there is disagreement about the property when the relationship ends the courts will take the agreement into account but are not bound to follow it.

A better way to ensure that the agreement “sticks” is to have a Certified Domestic Partnership Agreement. The courts will only set aside the terms of such an agreement in rare situations. When making this type of agreement each party must have separate legal advice and their lawyers must certify that their client understood what they were signing.  Our family lawyers are skilled at drawing up such agreements which can be made before or during cohabitation or at the time of separation.

Useful links

• Domestic Partners Property Act
  

.

Our Lawyers 

• Joanne Collie
• Jane Moore