Family and Relationship Property
At Domain Legal we understand that relationships and family form a very important part of many people’s lives. Because of this, when legal problems arise they can be stressful, complex and accompanied by difficult life circumstances. At these times we want to give the best legal advice on all aspects in a way that is sensitive, helpful and productive.
The Property (Relationships) Act 1976 allows partners to contract out of the assumption that their property is shared as Relationship Property. There are many reasons why this may be beneficial, and we can help you to decide whether this is the right option for you. A Pre-nuptial Agreement can be signed before marriage to agree that personal property is separate and not relationship property, but often it is a good idea to have this agreement signed as soon as you enter into a serious relationship. We can help you with drafting and enforcing these agreements, offering our experience to suggest what terms should be included. We can also assist with similar agreements if you are already in a relationship. Generally it is much easier to determine whether your property is relationship property long before any dispute arises.
Separation and Divorce
If your relationship has broken down for whatever reason, we can help with drafting Separation Agreements to deal with some of the legal problems that might arise. These will help you to manage issues with asset division and the care and guardianship of any children you may have. We can facilitate divorce applications to the Family Court after two years of separation. Throughout these processes, we will always tailor our assistance to your particular needs, offer advice about strategies going forward and provide ongoing communication about any legal developments.
Other clients often do not initially realise when they need to consider family law issues. Because we are a full service firm we are able to identify these issues even when clients come to us about other areas of law. We are quick to advise of any problems that may arise and work out how we may be able to help. A particularly common topic is Relationship Property. If you are married or in a relationship that has lasted longer than three years or involves children, it is likely that your spouse has a half interest in your assets. It is important to consider the implications of this, especially in regards to business decisions and the effect of trusts and wills. We can help to identify the nature of any relationship property and plan how to manage it.