CODR Articles

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Is your business safe from relationship property claims?

Is your business safe from relationship property claims?

​The short answer is no. A quick Google will let you know that there are several ways business assets can be exposed to relationship property claims. Claims can be made for a share of your business assets by your spouse or partner after you separate. That means it is...

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Dividing your assets in a separation

Dividing your assets in a separation

What happens to the bach, the boat and your superannuation? It is no secret that when married couples and de facto partners separate, each individual is typically entitled to a 50% share of all relationship property under the Property (Relationships) Act. What you and...

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4 common reasons people get a separation agreement

There are many reasons couples get a separation agreement but the below are the top four common reasons we get approached for our service.   1. The bank told you to get one More and more it seems people contact us because they need to get a separation agreement before...

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Why get a prenup?

There is one thing that comes to mind when I hear the word prenup: sensible, but awkward. It would be the sensible thing to do, but so would not buying brunch every weekend. So why?   Why? Well at some point in the next 3 years I am going to stumble into a de-facto...

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Buy out: Selling Property after Separating

Can you still keep, or get rid of, your family home or investment properties after you separate? Of course!   What is a "Buy Out"? A mortgage buyout is one solution if you and your partner separate but still have mortgage obligations and one partner wants to keep the...

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Cost of a Separation Agreement

The cost of getting a Separation Agreement (or Contracting Out Agreement for that matter) is not expensive. Certainly, it is less expensive than going to the Family Court for an order to divide up your relationship property. If you are in a de facto relationship, you...

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Challenging trust property owned by one partner

What are trusts and how do they apply to relationship property? Firstly, even if you established the Trust, but your partner contributed to the assets, the Trust will not necessarily be separate property. This is true even if a third party established the Trust. To...

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Relationship Property Overseas: How the law applies to you

It is becoming increasingly more common for long distance relationships to be the norm where partners may be based overseas. Consequently, many have assets overseas, and may be curious as to how the law handles the division of relationship property. To begin, you...

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Even a seemingly straight-forward dispute can often have many dimensions that reveal themselves once the resolution procedure begins. If you are interested in finding out more, please make an enquiry, or call 0800 CODR 00.