If you are married or in a de facto relationship and do not want assets to be shared equally between you and your partner if you separate, then you need a Contracting Out Agreement, sometimes known as a "Prenup".
A Contracting Out Agreement is a written agreement between you and your partner that sets out how your property is to be divided if you were to separate in the future.
Unless you have a formal written agreement, you may find that your partner is able to claim half, or in some cases more than half, of what you may consider your separate property.
Such an agreement will only be valid if it is in writing and if you and your partner each receive independent legal advice and your lawyer certifies the agreement.
We can help you to prepare a Contracting Out Agreement. We can also help by providing you with independent legal advice regarding an agreement that another lawyer has prepared.
If you and your partner separate, you may need to decide how your property will be divided. There are many rules about the division of property which apply when a couple separate.
We can help with initial appointments to discuss how these rules may apply to you and what information needs to be gathered.
Many people are then able to reach an agreement about how they wish to divide property between them. In order to be binding, these agreements need to be in writing and both you and your partner need to receive independent legal advice.
We can help you to prepare a formal agreement recording your agreed division of property and provide you with independent legal advice. We can also provide you with independent legal advice regarding an agreement that has been prepared by another lawyer.
Some people are not able to reach an agreement about the division of property. We can help to negotiate an agreement. If that is not possible, then we can help you apply to the Family Court seeking a division of property.
If you have assets that are owned by a Family Trust or by a company, we are able to assist to divide or administer these assets.
Dissolution of marriage is the way the Family Court describes what is commonly referred to as a “divorce.” This is a Court Order legally ending a marriage relationship. If you wish to remarry, then you need a Court Order dissolving your previous marriage.
We can assist you and your partner by preparing and signing the necessary Court application and supporting evidence and can guide you through the Court process.
If your partner does not agree to sign the documents or you are unsure where your partner lives, you can still apply for an Order dissolving your marriage. We can help you with that too.
Sometimes decisions need to be made for people who are not able to make those decisions themselves due to disability or medical incapacity.
Where a person is not able to make decisions for themselves about their property, finances, medical treatment or care and they do not have an Enduring Power of Attorney in place; it is possible to apply to the Family Court for an Order appointing another person to make those decisions. We can help with these applications.
If you have been appointed a Property Manager, Property Administrator or Welfare Guardian and the Orders you have are about to expire, we can help to apply to the Court for further Orders.