At Edmonds Judd, we understand that relationship property matters are a significant part of life’s major transitions—whether entering into a marriage, civil union, or de facto relationship, planning for the future, or navigating separation.

Our experienced team offers comprehensive legal services. Assisting you with negotiating a contracting out agreement during your relationship (sometimes called a “pre-nup” on TV shows), preparing an agreement after you have separated for the division of relationship property, or representing you in Court post separation if you need the court’s assistance.

We recognise that effectively managing relationship property issues involves more than just resolving disputes. Proactive planning and clear agreements can help prevent conflicts in the future, while our skilled legal team ensures your rights and interests are protected at every stage.

We provide tailored advice and practical solutions, guiding you through the legal complexities of relationship property law. Whether you’re preparing for the future or dealing with post-separation property division, we are here to support you with clarity and confidence.

Contracting Out Agreements (Pre-nups)

These are agreements that couples can enter at the beginning of or during a relationship to determine for themselves how relationship property will be divided up if they separate, (including if one person passes away during the relationship).

These are called contracting out agreements, because they contract out of the default provisions in the Property Relationships Act that will apply to the division of relationship property if you do not have a contracting out agreement, whether you like it or not.

A contracting out agreement gives you control over the outcome. It can also help prevent arguments in the future, whether between you and your partner or your partner and your children/successors if you pass away during the relationship.

Contracting out agreements can be particularly useful if you are entering a relationship where there might be an imbalance in the assets or liabilities that you are each bringing into the relationship, one or both of you have children from a different relationship, you are a beneficiary or trustee of a trust, or you have particular property that you might want to protect for future generations. These agreements can be a useful tool as part of your succession planning.

We can help you tailor an agreement to suit your particular situation and needs and is compliant with the law; providing you with clarity and peace of mind.

You will each need to engage a lawyer to provide you with independent legal advice and certify the contracting out agreement for it to be enforceable; this is a requirement of the Property Relationships Act.

Separation Agreements

These agreements are entered between a couple at the end of a relationship that specify who takes what property at the end of the relationship. These can confirm the default provisions in the Property Relationships Act for the division of relationship property, or they can provide a different method of division that is specific to the relationship.

We can advise you on your legal position, including (among other things):

• whether a particular asset or liability is relationship property and subject to equal division under the Act or separate property that isn’t subject to division with your ex-partner;
• whether you can claim for an unequal division as a result of economic disparity;
• whether you can oppose equal division on the basis that it would be manifestly unjust if the presumption of equal sharing applied in your situation;
• whether assets in a trust or otherwise disposed of during the relationship can be “clawed back” into the relationship property pool for the purposes of dividing relationship property;
• whether your separate property has become relationship property; and
• whether you should consider applying for spousal maintenance.

We can also assist you with negotiations with your ex-partner about the division of relationship property when you have areas of disagreement about how this should occur. We can engage in negotiations through correspondence and calls with your ex-partner’s lawyer, hold round table meetings between you both with lawyers in attendance, and we can also help you with mediations (like a round table meeting, but with an independent person to help facilitate discussion).

Contentious Separations – Court Proceedings

When you and your ex-partner cannot reach an agreement between you about how to divide your relationship property or other related matters, then we can help you with applications to the Court.

Court applications can address all sorts of matters between you and your ex-partner, including the division of relationship property, whether an asset or a liability is relationship property or separate property, whether there should be unequal division, if assets disposed of to a trust or business should be treated as relationship property, how to realise particular assets (such as the family home), and whether one party is liable to pay spousal maintenance to the other.

We will advocate robustly to protect your rights and achieve fair outcomes. Even when Court proceedings are filed, we will keep working to try and reach an agreement between you and your ex-partner.

As with contracting out agreements, will each need to engage a lawyer to provide you with independent legal advice and certify the separation agreement for it to be enforceable; this is a requirement of the Property Relationships Act.

From early advice on relationship agreements to complex property disputes, we ensure you are well-informed about your legal rights and options. Our strategic advice helps you make the best decisions for your circumstances—whether drafting agreements, negotiating settlements, or progressing through formal court processes.