PRACTICE AREA

Family Law

Property Agreements

Matrimonial and cohabitation property agreements and division of property.

Clear, candid advice

Clear explanations

Careful document drafting

Ongoing communication

FAMILY LAW ASSISTANCE

Arranging family property matters

Before marriage, during marriage, in a cohabiting relationship or when arranging jointly held assets, questions may arise that are worth addressing clearly and in an appropriate legal form.

Family property matters may involve real estate, a business, savings or other significant assets. It is therefore important that an agreement is not only legally appropriate in form, but also accurately reflects the parties’ intentions and their particular circumstances.

The aim is to ensure that those involved clearly understand what the document provides for, which matters it addresses and what legal consequences may follow.

WHEN CAN THIS BE PARTICULARLY IMPORTANT?
Couple discussing family property matters in living room
FAMILY LAW MATTERS

How can I assist?

Choose the topic that best matches your situation.

If your matter concerns another related issue, it is still worth briefly outlining it.

Matrimonial Property Arrangement

Division of Matrimonial Property

Cohabitation Property Arrangement

Related Family Property Matters

Key Family Property Matters

Arrangements concerning family and relationship property always depend
on the particular circumstances.

Below are the areas of family property law that I focus on in my work.

Matrimonial Property Agreement

A matrimonial property agreement may be concluded both before marriage and during an existing marriage.

In the agreement, the parties may determine how they wish to arrange property matters between them. This can be particularly relevant where real estate, a business, savings or assets acquired before the marriage are involved.

The agreement may address, for example:

  • what is to constitute joint and separate property;
  • the treatment of existing and subsequently acquired assets;
  • property matters relating to real estate or a business;
  • specific property arrangements that are important to the parties.

IMPORTANT TO KNOW:

A matrimonial property agreement is valid only if it is executed as a public deed or as a private document countersigned by an attorney-at-law. The agreement may also be entered in the national register. This may become relevant if the agreement later needs to be relied upon against third parties.

Legal assistance may include:

  • reviewing the parties’ property situation and objectives;
  • identifying the property matters to be addressed;
  • preparing the matrimonial property agreement;
  • explaining and discussing its key provisions in clear terms.

Division of Matrimonial Property

Dividing matrimonial property involves more than deciding which assets are to belong to which party.

Real estate, savings, liabilities, a business or other assets may all be involved. It is therefore important that the agreement deals with the related issues clearly and consistently.

Relevant factors may include when and from what source an asset was acquired, as well as any contribution or expenditure to be taken into account. The overall property situation should therefore be reviewed as a whole.

The division may involve, for example:

  • real estate and ownership matters;
  • savings and other assets;
  • loans, liabilities and joint expenditure;
  • a business or an ownership interest in a company.

IMPORTANT TO KNOW:

Where the division involves real estate, the ownership position and the necessary land registry steps must also be addressed. The agreement may also need to reflect related liabilities or other arrangements between the parties. As property division agreements are subject to formal requirements, the appropriate legal document must be prepared.

Legal assistance may include:

  • reviewing the assets, liabilities and ownership position;
  • discussing and structuring the terms of the agreement;
  • preparing the property division agreement;
  • addressing related real estate or corporate law matters.

Cohabitation Property Agreement

Cohabiting partners are not subject to the same statutory property rules as married couples.

Where the parties purchase real estate together, share significant expenses or otherwise combine their finances, it may be important to clarify their property arrangements in advance.

A cohabitation property agreement allows these arrangements to be recorded clearly in writing, particularly where the parties contribute in different proportions to the acquisition of real estate or another significant asset.

The agreement may address, for example:

  • existing and subsequently acquired assets;
  • real estate purchased or financed jointly;
  • joint investments and significant expenditure;
  • property matters relating to a business.

IMPORTANT TO KNOW:

A cohabitation property agreement is valid if executed as a public deed or as a private document countersigned by an attorney-at-law. Its terms should reflect the parties’ actual circumstances and objectives. Where real estate, a business or another significant asset is involved, the related legal issues should also be considered together with the wider property arrangements.

Legal assistance may include:

  • reviewing the parties’ property situation and objectives;
  • identifying the property matters to be addressed;
  • preparing the cohabitation property agreement;
  • explaining the key provisions and their practical effect.
Property documents, house keys and wedding rings
INDIVIDUAL CIRCUMSTANCES

RELATED FAMILY
PROPERTY MATTERS

Not every family property situation fits neatly into a predefined category. A particular matter may involve overlapping questions of family law, real estate law or corporate law.

This may be the case, for example, where the matter involves:

Once the particular circumstances have been reviewed, the necessary legal steps and documents can be identified.

Calm legal guidance in sensitive situations.

In family property matters, discreet, calm and clear communication is particularly important.

The aim is to help you make your decision with a clear understanding of the available options and their key implications.

HOW WE WORK TOGETHER

From the first enquiry
to the final document.

01.

INITIAL
CONTACT

Briefly outline your matter and provide your contact details so that we can arrange the first discussion.

02.

SITUATION
REVIEW

We review the key circumstances, the property matters involved and what you would like to achieve.

03.

LEGAL SOLUTION & DRAFT

I identify the appropriate legal solution and prepare the necessary document in draft form for your review.

04.

REVIEW & FINALISATION

We review the draft together and, after any necessary amendments, finalise the document in the agreed form.

Frequently Asked Questions

A matrimonial property agreement may be concluded before marriage as well as during an existing marriage.

A matrimonial property agreement is valid if it is executed as a public deed or as a private document countersigned by an attorney-at-law. The agreement may also be entered in the national register, which may become relevant where it later needs to be relied upon against third parties.

A matrimonial property agreement may regulate the parties’ property relations for the duration of the marriage, whereas the division of matrimonial property is intended to settle an existing joint property situation.

No. Different statutory rules apply to the property relations of cohabiting partners and married couples.

In that case, in addition to the family law agreement, the ownership and land registry aspects of the property must also be addressed.

Have a family law question?

Send me a brief outline of the family law matter for which you require legal assistance.

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