If you and your partner are separating, you need to consider what is to happen in relation to the division of any property that you own. The Family Law Act provides for property settlements between couples who are, or have been, married and in Western Australia the Family Court Act makes provisions for property settlement for couples who have been in a de facto relationship.
For the purposes of the Family Court Act, a de facto relationship includes a relationship between two people of the same sex.
If both parties reach an agreement as to how the property will be divided, how can they ensure their agreement is binding and enforceable?
In many cases parties are able to reach an agreement about a property settlement with the assistance of their lawyers. If they do, they can make the application for consent orders which is a relatively simple and inexpensive procedure. If consent orders are made then the partied have the benefit of knowing that their agreement is binding and enforceable.
If you would like further advice please don’t hesitate to contact us on 08 6141 1513 to make an appointment.