Family Law.

Prenuptial
Agreements

While the Property (Relationships) Act 1976 allows parties to contract out of the provisions of the Act, care must be taken when drafting a Contracting Out Agreement.  It is a fact that your relationship will end, either through separation or death.

Prenuptial Agreements

While the Property (Relationships) Act 1976 (Act) allows parties to contract out of the provisions of the Act, care must be taken when drafting a Contracting Out Agreement. It is a fact that your relationship will end, either through separation or death. It is often appropriate that a Contracting Out Agreement is put in place to address not only how property is to be divided on separation, but also in the event of death of a party. Contracting Out Agreements are tailored to fit your individual circumstances. We have significant experience in advising clients as to the appropriate way to contract out of the Act.

Some issues you may face and you can ask us about include:

  • Family Trusts – the effect of any bundle of rights held under a Trust and the trust’s assets on relationships;
  • Property Sharing – when purchasing a home together, the effects and implications;
  • Intermingling of assets and income during the relationship;
    Ways of protecting separate property brought into the relationship – such as inheritances and gifts.

    For further information on matters to consider when entering a new relationship, refer to Estate and Succession Planning and Wills.