Relationship/Property & Separation
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Find The Support & Structure You Need During Times of Separation
Rotherham Law advises clients on all relationship (matrimonial ) property matters at both the start and end of relationship (including where relationships end through death). We also assist in amendments or updating contracting out (pre nup) agreements. Our view is these are living documents that need to be reviewed from time to time to ensure they are still fit for purpose to provide the best protection and certainty of outcome.
At the start of the relationship we advise on:
- Preparing Contracting Out Agreements (Pre-nuptial agreements)
- Providing independent advice on contracting out agreements
- Asset planning protection for new relationships
- Wills & Enduring Powers of Attorney
Separation (Dividing the property at the end of a relationship)
When a separation occurs the starting point where there is no contracting out agreement (prenup), is that it must be divided between the parties. The usual starting point is an equal split however, in some circumstances parties may agree to unequal division or it can be ordered by the court if you circumstances qualify.
Rotherham Law advises clients on:
- Reaching agreement as to the division of property (including where it has been transferred to a trust).
- Drafting settlement agreements following the end of a relationship (Section 21A) Separation Agreements.
- Providing independent legal advice on Separation Agreements.
- Attend mediations, negotiations and settlement conferences.
- Lodge and remove caveats or notices of claim over properties.
- Deal with overseas assets.
- Mediation.
- Getting divorced.
Rotherham Law helps clients make and defend applications for:
- Interim distributions of relationship property.
- Spousal and interim maintenance.
- Compensation due to economic disparity.
- Compensation for property disposed of to a trust or company.
- Orders that a trust is a nuptial settlement.
- Setting aside or upholding a contracting out agreement.
- Occupation of the family home.
- Family Trusts
- Dissolution of Marriage (Divorce)
Professional
We set a standard of professionalism that spans our entire client base, ensuring legal equality.
Respectful
Respect for person, property & perspective is a core value of every case with us.
Client Focused
Our first priority is you. We understand every case is different, and should be treated as such.
Supportive
Legal undertaking can be a stressful time. Ensuring you feel comfortable & supported is a priority.
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Frequently Asked Questions
Yes if you want to keep assets (and debts) separate and have a clear plan on how property should be divided if you relationship ends through separation or death.
You and your partner have to be separated for two years before you, your partner or both of you can file to the Family Court to dissolve your marriage. There is a filing fee payable to the Court at the time of the application.
Under the Property (Relationships) Act, property is usually divided equally. However, you may be entitled to more depending on your circumstances.