Financial family law
Our experienced attorneys can help you with financial family law agreements such as cohabitation agreements, prenuptial agreements, gift deeds and wills. We can also help register the agreements that require it.
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Cohabitation agreement
If a cohabitation relationship ends and the property is to be divided between the cohabitants, the form in which the property is to be divided is governed by the Cohabitees Act.
If you want to decide how to divide your property, you can draw up a cohabitation agreement. We can advise you and help you draw up a cohabitation agreement.
Prenuptial agreement
A prenuptial agreement is an agreement between spouses or future spouses that determines how property will be divided between the spouses, i.e. whether the property will be the spouse’s sole property or belong to both spouses jointly. We can advise you and help you draft a prenuptial agreement.
division of property
Property division issues arise when a spouse files for divorce or when a cohabitant moves out of a home purchased for a common purpose. In a division of property, the parties must settle their mutual legal relations regarding the distribution of the joint property. This may have been regulated in advance by a cohabitation agreement or a prenuptial agreement, but it may also be regulated by law.
If the parties cannot agree on what is jointly owned property to be included in a division of property, it is common for the parties to use legal representatives to represent them in the division of property.
The parties may also apply to the court for the appointment of an administrator to distribute the property between the parties. We can help you as a representative in property division disputes or as an estate distribution executor.
Gift deeds
The legal regulation regarding gifts is not straightforward. For example, some gifts must be made in writing, others may not. Gifts can also affect inheritance. We can help you draft legally binding gift deeds that protect both the donor and the recipient to avoid any future ambiguities and conflicts.
wills
The rules governing the right to inherit are set out in the Inheritance Code. If a person dies and there is no will, these rules determine who inherits the deceased.
In many cases, there are reasons for wanting to distribute one’s inheritance in a different way. This may be because you want someone who would not otherwise be entitled to inherit to receive a share of the estate, because you have children from a previous marriage, or because you want to make special arrangements for certain property such as a holiday home or a sailing boat.
There are restrictions on what can be bequeathed. For example, a testator cannot specify that his or her own children should not be entitled to inherit. We can help you with advice and draft a will.
Inheritance law
When a person dies, it is a time of mourning for the next of kin. A death also has major legal consequences, as the deceased’s property may need to be inventoried and distributed among the surviving relatives. There are certain rules in the law that determine how the property should be distributed among the surviving relatives. If you want to distribute the property differently, you need to write a will.
In some cases where the surviving relatives cannot agree on how to distribute the inheritance or there is property abroad, there may be a need for legal assistance. An estate administrator is tasked with collecting and distributing the property among the surviving relatives.
Sometimes a dispute may also arise between the surviving relatives because of a gift received by someone from the deceased that the surviving relatives believe should be included in the property to be distributed in the inheritance. We can help you with advice on inheritance law.
Questions and Answers
Family financial law covers the rules governing the property of spouses or cohabitants, as well as inheritance, division of property and wills. As a precautionary measure, you can draft documents to determine how property will be divided in the event of a future divorce or separation.
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