Henry has been in relationship with his partner Brad for one year and Brad is going to move in. In addition to his home, Henry has many assets and would like to protect them.
Henry sought advice on protecting his home if the relationship were to end. Henry’s lawyer advised Henry on the advantages of entering into a Binding Financial Agreement and explained the difference between how property is divided under a Financial Agreement and how property is divided when there are no Financial Agreements.
Henry was happy to have certainty and security when Brad moved in.
Stephanie separated from her partner Joanne after 11 years together. They own a house together and currently both live in it. Stephanie wants to keep the property and pay Joanne out, but Joanne wants to do the same.
Stephanie’s lawyer advised her that if she and Joanne could not come to an agreement in relation to either of them keeping the property, the Court will order that the property be sold and the settlement funds be divided between them both as decided by the Court.
Stephanie’s lawyer also advised Stephanie on the costs of going to trial and the financial benefit of agreeing to sell the property rather than having the Court make such an order. With this in mind, Stephanie’s lawyer went further and weighed up the costs of selling the property against the tax implications of buying Joanne out.
After considering all her options, Stephanie no longer wanted to keep the property and instead negotiated a favourable financial settlement.
John was in a relationship with his partner Andrew for 18 years. Andrew recently passed away and didn’t have a will. Andrew’s sister told John he must move out of the home he shared with Andrew as she was entitled to his inheritance.
John’s lawyer advised him on:
- the rights of de facto partners and same-sex de facto partners;
- the entitlements of same-sex de facto partners and siblings when a person dies without a will; and
- his rights in relation to continuing to live in the home.
Henry was able to stop Andrew’s sister from bullying him after he was informed of his rights.