Cohabitation agreements under the laws of France and Australia and suggestions for Vietnamese law

Abstract

Living together under an agreement, without marriage, is gradually becoming a popular choice in many countries in the world. It appears as a transition to marriage and, in the case of relationship breakdown, helps couples avoid complicate legal proceedings for a divorce and property division. Also, living together under a contract may protect the parties’ rights and obligations, and help same-sex couples solve problems resulting from cohabitation, which have not yet been governed by existing laws. In France and Australia, couples who do not register their marriage can enter into an agreement to deal with issues related to assets and other matters during and after cohabitation. In the current context, Vietnam lacks specific provisions governing this issue, therefore, it is necessary to study the legislative experiences of France and Australia in governing the cohabitation contracts, thereby analizing and prosposing some suggestions for Vietnamese law to govern this new relationship.