Making your own relationship property agreement

A couple can choose to divide their property on their own terms. In order for this to happen, a contract must be signed by both parties.

When can a relationship property agreement be made?

An agreement can be made at any time. This includes before marriage, during the relationship or at the end of the relationship.

What are the requirements for this contract?

A contract must meet a series of requirements to be considered valid:

  • Each person must receive independent legal advice (from separate lawyers) before the contract is signed.
  • The contract must be signed by both parties. The signing of the agreement must be witnessed by each person’s lawyer.
  • Each party must clarify that they understand and agree with the implications of the contract. It will be the lawyer’s responsibility to certify this.

Can a contract be set aside? 

In most cases, the rules of a contract will remain in place. The only exception to this is if the court rules that the contract would result in “serious injustice”.

This happens when the contract is considered unfair and doesn’t entitle one person to a fair amount of the property and assets they have acquired during the relationship.

How can we help?

When a divorce or break-up happens, it is often difficult for the people involved to follow the Relationship Property Act. This is due to the many clauses and conditions which can affect the final outcome.

As relationship property investigators, we can perform a thorough investigation to determine what each party is legally entitled to under the Act. This will make things easier for both of you.