It’s important to have an experienced relationship property lawyer provide you with Independent Legal Advice if you’re entering into a Relationship Property Agreement
Often, Relationship Property Agreements have been scrutinised by the courts and have been found to be susceptible to failure when carefully examined years after the agreement was entered into.
So often in cases where an agreement is challenged, much depends on the time spent and advice that was provided at the outset by advising lawyers.
Lawyers exercising a high degree of professionalism will not just “quickly sign off” your agreement. There is a high professional standard a lawyer is required to abide by when providing Independent Legal Advice with respect to these types of agreements.
If you’re really wanting peace of mind in case there is a breakdown in your relationship in the future, you want to know that you can rely on the your Agreement if the need arises and that it stands the best chance of withstanding scrutiny in years to come.
View your agreement as a sort of insurance policy. It’s in place to provide you with a degree of certainty in the future.
If you really want protection, find an experienced professional. I hope you’ll never need to rely on your Agreement, but just like any insurance policy – when you need to rely on it, you’re going to want to know there’s no “fine print”, “exclusions” or “unexpected surprises” that you hadn’t counted on.
A Court can declare a Relationship Property Agreement invalid/unenforceable
For example, questions that might need answering in years to come might be:
- Did you both provide full disclosure of property and finances? Did your lawyer advise you of the consequences of not doing so?
- Did your advising lawyer collect enough information to be in a position to adequately advise you?
- Is it possible that circumstances have changed over time to such an extent that to enforce the agreement would now result in a serious injustice to one of you?
- Were either of you under pressure to sign?
Call if you’re considering whether you ought to have a Relationship Property Agreement.
Call if you need to receive Independant Legal Advice before signing a Relationship Property Agreement.