Relationship Property

Determining how to handle property either when entering in to a relationship or after a separation can be a confusing and sometimes worrying process. The recently amended Property (Relationships) Act 1976 (PRA) has far reaching implications for those in a marriage, civil union or defacto relationship.  Receiving advice from and if necessary obtaining representation by a skilled relationship property lawyer is essential if your rights and expectations around your property interests are to be protected or realised.

Family trusts are commonplace and division of property built up during a relationship when some or all or that property is held in a family trust requires particular care and in some cases a careful application of provisions of the PRA.

Often parties may own a business built up during the relationship.  On separation determining the fair value of the business interests for division purposes can be complicated and is an area of practice requiring particular expertise and experience.

The PRA allows claims for compensation for post separation economic disparity. This is a new area of the law that is still developing and providing advice on this issue and its impact on property division, spousal maintenance and child support requires up to date knowledge and skills by the advising solicitor. 

At Thomas Dewar Sziranyi Letts we have skilled relationship property lawyers who deal with complex relationship property and family trust issues every day.  A significant amount of our work is referred to us by other lawyers whose clients require specialist advice or representation.

We can assist you with:

• Preparing Contracting out agreements so that your pre-relationship assets are protected and there is clear agreement on ownership of income or assets that may be built up during the relationship.

• Strategic advice regarding property interests prior to a relationship or prior to a separation

• Advice about your full entitlements to property after a separation

• Advice about the Courts approach to determining property interests

• Obtaining dislosure of property interests from a reluctant ex-spouse or ex-partner

• Obtaining appropriate valuation advice particularly when values are disputed

• Experienced representation through negotiations or proceedings required to determine a value for business interests

• Division of trust assets through negotiation or, if necessary, litigation

• Handling post separation expenses and occupation of the family home

• Preparation of documentation required to complete a settlement

• Sale and purchase of real estate

Feel free to contact us to discuss your situation by phone or by e-mail to family@tdsl.co.nz