Relationship property
First step
The Property (Relationships) Act 1976 sets out the law for how a couple is to divide their property if their relationship ends through separation or the death of one party.
The first crucial issue that needs to be determined is the length and the nature of the relationship.
An assessment of this issue will impact on the classification of assets as either relationship property or separate property.
Assets that are classified as relationship property are often divided equally when a couple have been in a qualifying relationship.
That is only the starting point though.
There are a number of exceptions to the equal division rule that will need to be considered.
It is essential that legal advice in this area is tailored to your personal circumstances.
Negotiation
As we work through your relationship property entitlements, we will also consider your entitlements to, or obligations to pay child support and spousal maintenance.
These are matters that can, at times be resolved as part of the relationship property negotiation process.
Agreement
If you are able to reach agreement as to the division of relationship property, then that can be documented in a Relationship Property Agreement.
These Agreements require that the parties to it have independent legal advice.
Signing of the Agreement will often be followed by implementation of it.
This can include sale of assets like the former family home, winding up of trusts, resignation of Directors or transfer of shareholdings, amongst other things.
These actions are not ones that I can assist with as a Barrister.
However, I can refer you on to someone who can undertake this work.
Court
Court Applications may be required in order for your assets to be divided between yourself and your ex-partner.
Such Applications can be filed on an urgent basis where the legal threshold for urgency is met.
This threshold could be triggered where assets are being disposed of without consent, where there is a need to keep consistency in living environments for children of the relationship or where assets are being damaged by one party to the relationship.
I am experienced in guiding client’s through the Court process regardless of whether they are the one needing to file proceedings or the one needing to defend them.
Please contact me so that I can advise you on the options available to you.
Pragmatic, understanding, reliable and professional.
Get in touch with Anna for sound advice, combined with empathy and consideration of your circumstances.
Anna Norcross is a Family Lawyer who was admitted to the bar in 2012, and has practised exclusively within this area since that time.
Areas of practice include:
a. Relationship Property
b. Contracting Out Agreements
c. Spousal Maintenance
d. Care of Children
e. Guardianship Disputes
f. Paternity
g. Family Violence
h. Dissolution