Upon a separation or death, the division of relationship property is governed by the Property (Relationships) Act 1976. This Act applies to married couples, de facto couples and those in a civil union.
We can advise you on your entitlement under the legislation and negotiate resolution of the division of property. If you can reach agreement on the division of your property then you can enter into a Separation Agreement, which we can draft for you. For an agreement to be legally binding and enforceable it must comply with the requirements of the legislation.
If it is not possible to reach agreement on the division of property, then an application can be made to the Family Court asking the Court to divide your property. We can draft the Court applications and represent you throughout the process. If necessary, we can also prepare urgent Court applications to stop property being sold or disposed of. If you are served with Court applications, we can assist you in defending the proceedings.