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Category: Family Law

  • Eight Pre-nuptial Myths

    10 April 2019

    There are eight things you probably didn’t know about pre-nuptials They’re only for people who are about to get married – What is commonly called and understood as “a pre-nup agreement” is for married couples, civil unions, and couples who live together in a de facto relationship; not just people about to get married. The correct name is a “contracting out agreement”, because it allows couples to “contract out” of the Property (Relationships) Act 1976 (“the Act”).  The Act governs how ...

  • Am I in a de facto relationship?

    30 January 2019

    Many of you will remember the news a few months ago about a man (Moon) being awarded a sum of money after his partner (Doyle) left him nothing but her ashes in her will. The news provoked discussions on whether Doyle’s will should have been respected, or whether it was fair Moon was awarded a portion of Doyle’s estate because Moon looked after Doyle for some 27 years (she was wheelchair-bound from early in the relationship due to a medical ...

  • “What’s yours is mine What’s mine is mine!”: Keeping your separate property separate

    29 April 2016

    It is well known that the family home is classified as relationship property under the property (relationships) act 1976 (“the act”).  Where the position becomes murky is with regard to additional properties owned by one partner such as an investment property.If an investment property was purchased:• prior to the relationship commencing and was neither in contemplation of the relationship or intended for the common use or benefit of both partners; or• using separate property funds (such as inheritance funds or ...