Relationship Property

Ross Dowling has significant expertise in its Relationship Property practice.

We are regularly asked to act on the impact of the breakup of a marriage or relationship where property rights and distributions are disputed. Where we have previously acted for the parties together then we will need to refer the dispute to other lawyers unless the parties otherwise agree. So, we are also instructed on occasions where other lawyers have similar conflict issues.

People are sometimes confused at the distinction between Matrimonial Property and Relationship Property. For the most part, the law relating to property division on the breakup of a marriage or civil union is similar to that where the parties are not married but have been together for at least three years, although there are exceptions, including where an equal distribution would be unfair because of the “economic disparity” between the couple.

We are often able to bring our skills as negotiators and mediators to the table when it comes to these kinds of disputes but where the parties cannot come to an agreement then we are fearless advocates for them if the need arises.

Of course, the Relationship Property Act also allows for agreements in which the parties settle how their interests are to be handled should difficulties emerge in the future, or simply to put in place what the parties expectations of their respective interests should be. These agreements will over-ride the statutory provisions. We are highly experienced in putting these “Contracting Out” agreements (including what may sometimes be called pre-nuptial agreements).