Our experienced lawyers can assist you with all aspects of relationship property, including:
We understand that relationship property issues can be complex and stressful. Our experienced lawyers will work with you to achieve a fair and reasonable outcome.
Separating from your partner can be emotionally challenging, and dividing property fairly adds another layer of complexity. The Property (Relationships) Act sets out the legal framework for this process, but navigating it effectively often requires legal guidance.
Our experienced lawyers can help you achieve a fair outcome. We’ll work closely with you to understand your assets and liabilities, then guide you through negotiations with your former partner through their lawyer. Our goal is to secure a clear and binding agreement that reflects your entitlements under the Act and minimises future conflict.
The Act sets out the rules for how relationship property is divided when a relationship ends or upon a partner’s death. The Act applies to married couples, civil union partners, and de facto partners who have been in a relationship for three years or more.
Relationship property is the property that you and your partner own together. It includes the family home and chattels (whenever acquired), and any other property owned jointly by you and your partner including savings and motor vehicles. Depending on the facts of the situation, it may be necessary to determine whether the property is a relationship property.
A contracting out agreement (also known as a pre-nup) is an agreement that partners can enter to opt out of some or all of the provisions of the Property (Relationships) Act 1976. Contracting out agreements can be a useful way to protect assets that you brought into the relationship, or to inherit in the future.
If you are considering entering into a contracting out agreement, both partners need to be separately represented and seek independent legal advice. The agreement will not be valid unless it is witnessed by each partner’s lawyer and contains certification from these lawyers that they have explained the effect and implications of the Agreement and the Act.
You are not obliged to sign the agreement. You should take it to a lawyer who will review the agreement and advise you what you would be entitled to under the Property (Relationships) Act 1976. You will have to understand your entitlement under the Act and ensure that you are fully informed in every aspect concerning your property before you make a decision.
Please contact us to schedule a 15-minute free consultation to explore your options.
Let Rainey Collins Wright be your trusted guide through your property transaction. Contact us for an initial consultation and experience the difference of our expertise, clear communication, and commitment to protect your interests.
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