Relationship Property

The majority of issues concerning the division of assets and liabilities when relationships end, whether through separation or death, and whether of a marital or de facto status, are governed by the Property (Relationships) Act 1976. While there are exceptions, the overarching principle of the Act is one of equal sharing.

It is possible to create “pre-nuptial” or other agreements to adjust the outcome of property division where a relationship ends. We specialise in representing clients in drafting and negotiating such relationship property agreements. We take care to ensure they line up with individual circumstances and needs, and take into account all relevant property, whatever its status under the Act might be during or after the relationship.

Where disputes arise, we step in to provide expert advice and representation. These disputes may involve disagreement over the meaning of an agreement, valuation of assets, or the classification of property as separate or relationship property. Commonly we see situations where the default sharing regime of the Act can be affected by one or more of the following factors;

• The natures or duration of the relationship
• Different kinds of contributions made during the relationship
• Economic imbalances
• The needs of dependent children

We strive to help our clients avoid drawn out and acrimonious disputes and we are skilled at alternative dispute processes, especially Mediation. Where circumstances mean that kind of approach doesn’t work, then we are fearless advocates for our clients including taking matters to Court, or as part of negotiation strategy.