Service

Relationship Property Law

The individual circumstances of each family and relationship can vary widely and often be sensitive in nature. With our broad range of expertise, our Family Team are able to take your specific circumstances into account. We provide pragmatic and solution-based advice to help achieve the best outcome for you.

If you are in a relationship – whether that be marriage, a civil union, or a de facto relationship – our experienced team can provide specialist legal advice relating to the ownership, structure, and, in the event of separation, the division of your property.

Our team take you through the process step by step, while providing clear and concise guidance. You may be entering into a Contracting Out Agreement (pre-nuptial agreement) with your spouse or partner about how your property and assets are to be held, other asset planning or protection activities, or agreeing how your property is to be divided following separation.

Our team are able to assist with a variety of matters, including:

  • Contracting Out Agreements (pre-nup) under the Property (Relationships) Act 1976 (including independent legal advice).

  • Separation & Relationship Property Agreements (including independent legal advice).

  • Property Sharing Agreements.

  • Asset planning/protection.

  • Negotiating the division of relationship property following separation.

  • Applications for the division of relationship property under the Property (Relationships) Act 1976.

  • Claims for financial support (spousal maintenance) and fair division of relationship property, including economic disparity.

  • Applications for the dissolution of marriage (divorce) or civil union under the Family Proceedings Act 1980.

  • Estate advice and dispute resolution in relationship property claims, and applications under the Family Protection Act 1955.

  • Trust advice and dispute resolution relating to relationship property, and applications under the Family Proceedings Act 1980 – Dissolution of Marriage; Spousal Maintenance.

Notable experience:

  • Applications to the Family Court for the division of relationship property.

  • Defending the making of an Occupation Order, under the Property (Relationships) Act 1976.

  • Successful negotiations resolving a family dispute as to the division of an Estate, following the death of a parent.

  • Defending the making of an Order under section 182 of the Family Proceedings Act 1980.

  • Applying for, as well as defending applications filed in the Family Court for Spousal Maintenance under the Family Proceedings Act 1980.

  • Successful negotiations resolving claims made by a de facto partner against their partner’s  estate.

  • Successfully dividing property for parties to a non-qualifying relationship, on separation.

  • Assisting high net worth clients with asset and estate planning.