Where we can help
Whether you are married, in a civil union, are a defacto couple, looking to get into a new relationship or something more complicated, we can help ensure your relationship property is handled in the way you want and not in the way dictated by the legal default.
Things to consider
Make sure the agreement is customised to your specific needs and circumstances. That means factoring in how long you've been together; whether you're married or in a civil union; if you have children; and how your finance and assets are owned.
In a new relationship
You and your partner can choose to ‘contract out’ of the Property (Relationships) Act and the rules through a Contracting Out Agreement (COA) – sometimes called a pre-nup. You can agree on what will remain your separate property and what will become relationship property, as well as how your property will be divided if you separate or one of you dies.
The agreement must be drawn up properly and cover everything it needs to, be signed in accordance with the legal requirements, and you both must seek independent advice.
Ending a relationship
If your relationship ends, you will need to sort your property in accordance with the COA. Or, in the absence of a COA, a negotiated settlement will need to take place so that you can both move on.
It doesn't have to be a winner-looser ending though. If you'd like to try an alternative way of separating relationship property, take a look at our Collaborative Law section. We can help you make a plan going forward, and give you some tools to reach a resolution as seamlessly as possible.
