SERVICES & EXPERTISE

When relationships come to an end due to separation or death, a couple’s property, business and other assets (sometimes including assets owned by a Family Trust) need to be dealt with.

The Property (Relationships) Act 1976 (PRA) provides how this is to be done. But married couples, civil union partners and de facto partners can choose to enter their own ‘Contracting Out’ Agreement – opting out of the property sharing regime set out in the PRA – either before or during their relationship, to determine how their property is to be shared if their relationship ends by separation or death. Our team specialise in drafting and providing independent legal advice on these Agreements so that you can have peace of mind going forward in your relationship.

If you do separate, or your spouse/partner dies and there is no Contracting Out Agreement in place, we also offer confidential, empathetic and practical advice on how best to proceed. We will help you resolve any relationship property and related Trust disputes and advise you on how best to structure and protect your assets following a separation.

We can also assist you in other areas of family law. If a loved one loses capacity and they have not completed Enduring Powers of Attorney, an application to the Family Court will need to be made asking the Court to appoint a Property Manager and/or Welfare Guardian for the incapacitated person. We can assist you in making those applications. We can also advise and act for you on childcare matters and claims arising under the Family Protection Act (where a deceased family member has failed to make property provision to you) and Family Proceedings Act, including where one party may require financial assistance following the breakdown of their relationship.