What we do

Separating from your spouse or partner can be one of the most difficult periods in a person’s life. The situation is not helped by disputes regarding the division of relationship assets. There is a presumption that if your marriage, civil union or de facto relationship lasts three years or more, then the entirety of the relationship property pool should be shared equally between the parties. There are only limited circumstances under which a party can acquire an unequal share of relationship property: either by contracting out of the Property (Relationships) Act 1976 (Act) with a signed and certified agreement, or by order of the Court. 

If you have a pre-nuptial (Contracting Out) agreement prepared in accordance with section 21 of the Act, then that can simplify the method by which your relationship property is divided. However, circumstances often arise between the making of the Contracting Out agreement and separation, which require expert advice around the implications of those changed circumstances and how that might affect each party’s entitlements under the Act.

If you and your ex are able to agree on how the assets and liabilities of the relationship should be divided, then the team at Braun Bond and Lomas can assist in recording that in a separation and relationship property (Separation) agreement under the Act.

In the majority of cases, a Separation agreement is the most cost effective and least disruptive method of dividing the relationship assets. However, if you are unable to agree on the extent of relationship assets or how those should be divided, then BBL can assist in negotiating terms and/or preparing Court applications seeking orders for division.

How we can help

We can assist by negotiating the terms of division, providing independent advice and certification of either Contracting Out or Separation agreements, applying to the Court for orders for discovery (disclosure of details and evidence of assets), for determination of the extent of relationship property available for division, for the sale of relationship assets, spousal maintenance, division of relationship property, and distributions or resettlement of trust assets under s 182 of the Family Proceedings Act 1980.

What we have done

• Negotiated terms and provided independent advice and certification of Contracting Out and Separation Agreements

• Applied for and defended against applications for orders for discovery prior to the commencement of proceedings

• Applied for orders dividing relationship property including where the nature or extent of relationship assets is in dispute (i.e. whether or not certain assets should be determined relationship or separate property)

• Applied for and defended against applications for unequal division of relationship property (including spousal maintenance and economic disparity payments)

• Acted in proceedings where the duration of the parties’ relationship was in dispute (i.e. whether the presumption of equal sharing applies)

• Applied for and defended against applications for orders under s 182 of the Family Proceedings Act 1980, seeking the distribution or resettlement of trust assets in the context of discretionary family trusts