Property and Divorce

If you’re considering buying or selling a property, all aspects of the purchase or sale should be absolutely clear to you before you sign contracts. Attention to detail is what distinguishes our services in property and conveyancing at Prospect Law. While hold ups are sometimes unavoidable, our experience and knowledge in this area will expedite your property transactions and minimise delays.


The first priority is to ensure that your title to the property is sound. Locating the title documents to enable Prospect Law to take up them up on your behalf is the first step. We will then ensure that the documents are in order, and, if not, take whatever steps are necessary to establish your ownership of the property.

The net proceeds you hope to get from the sale need to be discussed at an early stage, particularly if you’re planning to buy a property with this money. The cost of paying off the mortgage (if there is one) needs to be factored in. Ditto professional fees and any outlays owing, such as local property tax or management fees (in the case of serviced properties).

Extensions and alterations over the years require particular attention, in our experience. Issues such as rights of way, planning, ownership of service roads and laneways may need to be clarified; and we will advise as to whether declarations are needed from your architects as to previous developments.


We recommend having the property surveyed by an experienced building surveyor as early as possible. The budget also needs to be discussed an early stage. This should include professional fees as well as stamp duty and outlay, to prevent unexpected shortfalls at the eleventh hour.

Our services at Prospect Law include:

  • reviewing the seller’s maps to establish the identity of the property
  • reviewing the title and planning documents
  • clarifying such issues as rights of way, ownership of service roads and laneways
  • advising as to whether further declarations are needed from your architects as to future relevant developments
  • reviewing and discussing the mortgage documents with you, to include;
    whether the mortgage exceeds the value of the property;
    whether there are outgoings on the property that remain to be paid.

Letting agreements, leases & licenses

Letting agreements and leases

Letting agreements and leases of all kinds require urgent and detailed attention. There is no such thing as a standard letting agreement or lease, and every clause requires careful review. There may also be omissions, which, if they go unnoticed, may be to your detriment. Whether you are a prospective landlord or a would be tenant, getting the tenancy agreement right is vital. If you’d like to clarify your rights, even under pressure, email us at:

In the context of any separation, one of the most important questions is the division of the family home. A number of issues arise in determining who can keep the family home, for example, the amount of funds invested by each party at the time of the purchase, whether one party discharged the majority of the mortgage payments, whether there are any other assets or liabilities, the income of each party and their ability to live independently outside the family home and whether there are dependent children living in the family home. At Prospect Law we provide excellend advice on your rights in the context of a marriage breakdown.