Domestic Partnership Agreements

The Domestic Partners Property Act 1996 allows for a couple living or intending to live together to enter an agreement, called a domestic partnership agreement, about property and any other matters concerning their relationship. 

To be enforceable, the agreement must be in writing and signed by both partners. Agreements are enforceable under the law of contract.

Both parties will need to disclose all their assets as part of this agreement.

A solicitors certificate will be required to certify that each party has been advised and understand all the implications of entering into this Agreement.

Each party will need to obtain their own independent legal advice with respect to entering into a Domestic Partnership Agreement.  It is not possible for this firm (or any other firm) to act for both parties to a relationship.  Each party must have independent legal advice.

It is important to note that at this time, legislation for domestic partners varies in each Australian state and territory.