1 Jun

Relationship Property

Relationship property law relates to the property rights of married, de facto and civil union couples on separation, dissolution of marriage (divorce) or death. This area also covers arrangements to protect assets by asset structuring and contracting out (pre-nuptial) agreements. Cases sometimes include applications to set aside contracting out agreements or dispositions to trusts.

There is often an overlap with trust law (Trustee Act 1956) and related claims under section 182 Family Proceedings Act 1980 in respect of trusts. Sometimes it is necessary secure arrangements pending final settlement of property matters by interim applications to the Court for occupation of a home or for interim distribution of relationship property or for provision from a trust.

A separated person will often also require advice on other matters arising from the separation such as day-to-day care arrangements, spousal maintenance, child support, protection from domestic violence and other claims (see Family Law).