Relationship Property

Planning Ahead with Relationship Property Agreements

Couples can agree in advance how their property should be treated if the relationship ends. We regularly advise on and prepare legally binding agreements that provide clarity and peace of mind, while ensuring all legal requirements are met.

These agreements may include:

• Pre-Nuptial Agreements – Created before a marriage or civil union, these agreements (commonly called “pre-nups”) help define how assets will be divided if the relationship breaks down. They are particularly useful where one party brings significant assets into the relationship, such as a business, inheritance, or real estate.
• Contracting-Out Agreements – Also known as “Section 21 agreements”, these allow couples in any form of relationship (including de facto) to opt out of the equal sharing rules set out in the Property (Relationships) Act 1976. These agreements are common where one or both partners wish to protect personal assets, future inheritances, or financial arrangements from a previous relationship.

We ensure these agreements are legally enforceable, with full disclosure and independent legal advice for each party.

Property Division at Separation

When a relationship ends, sorting out property division can be challenging—emotionally and legally. We guide clients through the process with care and clarity, aiming to resolve matters constructively wherever possible.

Our advice includes:

• Identifying which assets are relationship property and which remain separate property.
• Dividing property such as the family home, vehicles, investments, and superannuation.
• Addressing shared debts and other financial responsibilities.
• Enforcing or interpreting any existing agreements.

We work to achieve negotiated outcomes that avoid unnecessary conflict. However, where agreement cannot be reached, we use our established relationships with other specialist litigation lawyers if negotiation and disputes require it.