Many people choose to invest in property in Australia for
their retirement, as a source of income, or to assist their children with
somewhere to live. This is true of both local buyers and overseas purchasers.
When you do this however, you should turn your mind to how Australian family
law will consider this type property in the event that there is a separation
involving yourself or your children in the future.
If a parent buys a property for their child, their child
marries and then divorces, it is not as simple for the parents as getting their
money back out of the property ‘dollar for dollar’. Australian family law will
usually consider this assistance from a parent a type of financial
contribution, not a loan, and is not inclined to repay the money as if it were
a normal debt. Often people will walk away from a relationship having lost not
only a lot of money themselves, but also a lot of their family’s money,
resulting in increased family tension.
At Nevett Ford Lawyers, our large and experienced team
advise and assist with a range of solutions to help to protect you and your
family in these situations. When you purchase a property, we recommend
considering a Binding Financial Agreement under the Family Law Act to protect
yourself and your children, as well as ensuring loan documents are drafted to
assist in recovering money if necessary. We are also able to draft Inheritance
Agreements to help to protect inheritances from family law disputes in the
future. We can even draft Agreements that will operate for couples who are not
yet married but may do so in the future and want to make just one document to
cover these different situations.
It is important to look at these types of documents and have
them prepared when everything is going well, to protect you in the event of
future uncertainty. Determining the right kind of document for your
circumstances is a skill at which our lawyers excel, and we recommend you
contact us to enable you to make this important decision in an informed manner.
Our number is 03 9614 7111, or email us out of hours on melbourne@nevettford.com.au
