Property Agreements

 

Contracting Out Agreement

We can assist you in providing you with legal advice about contracting out agreements. The Property (Relationships) Act provides in most circumstances for equal sharing of relationship property. This Act applies once you have been in a de facto relationship for 3 years. A contracting out agreement is an agreement signed by both parties to the relationship about how property will be divided when you separate. This agreement typically ring fences each party’s separate property or property they bring into the relationship as their separate property once they are to part.

 

Separation Agreements

A separation agreement is done at the end of a relationship and sets out how relationship property is to be divided between you. A separation agreement is the usual outcome of a negotiation process in which relationship property assets are identified, valued and then divided between you.

Generally the law provides for equal sharing of relationship property but there are some important exceptions. We are able to give you advice as to whether any of these exceptions apply to you and can negotiate on your behalf to get the division of property which you seek.