Rainey Collins Lawyers

Property Relationship Agreements – Do You Need One?

By Alan Knowsley, Wednesday, 1 January, 2003, Family

The Property (Relationships) Act 2002 has dramatically changed the implications of entering into a de facto relationship.  The Act has also changed some of the law relating to the division of matrimonial property (which is now called relationship property).  On 26 April 2005, the new law was extended to apply to Civil Unions.

Some key points are:

• De facto relationships include same sex relationships.
• A person can be in two relationships at the same time that both qualify under the Act.
• In very broad terms, the Act provides for a 50/50 division of the house and other relationship property regardless of when it was brought or whose name it is in if the relationship breaks down on or after 1 February 2002.  This is subject to some exceptions.
• Usually a de facto couple have to be for three years before the 50/50 division rule applies, but this can apply earlier in certain circumstances (e.g. if the de facto couple have a child).
• A de facto relationship before a marriage is counted as part of the three years.
• If one partner has put his or her career on hold to care for the children or look after the home that person may be entitled to more than 50 percent of the property.
• It is possible for couples to make an agreement to contract out of the Act and strict rules apply about the format of those agreements.
• Putting property into a trust or a company does not necessarily protect the property forming part of the 50/50 division.
• The Act has implications for Asset Planning and making your Will.

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