RELATIONSHIP PROPERTY LAW

S E R V I C E

We understand the importance of relationships and ensuring that your finances and property are protected. Every relationship is different, so we take the time to understand your individual needs so that we can tailor a solution to meet your requirements, both now and for the future.

Our solicitors are highly experienced, so we can help you navigate through all stages of family and relationship property law. If you are considering a new relationship, or separating from your spouse or partner, you may require one of the following services.

Our Services

  • Drafting and advising on Contracting Out Agreements (also known as Pre-nuptial Agreements) if you are considering entering a de facto relationship, getting married, entering into a civil union and/or want to protect your assets.

  • Drafting and advising on Separation and Relationship Property Agreements in the event of separation or divorce.

  • Spousal and child maintenance (financial support from your partner or spouse).

  • Court proceedings (if appropriate).

Need some assistance with Māori legal issues?

Separation and Relationship Property Agreements (Contracting Out Agreements)

At the end of your relationship, you and your ex-partner will need to divide your relationship assets. 

We understand that separating from your spouse or partner is a difficult process. Many clients are not sure that they wish to separate but need to explore their options with a trusted advisor. We can also offer advice around seeking mediation or counseling through the Family Court should you wish to undertake this as a first step.

We can advise on the division of assets under the Property (Relationships) Act if separation does proceed. We can offer advice on the care of children, and, if appropriate, on the dissolution of your marriage should the matter come to this.

Divorce: The Dissolution of Marriage

An application for an order dissolving marriage (commonly known as a divorce) can be made after two years of separation and one of the parties must be domiciled in New Zealand.

A dissolution is obtained by application to the Family Court either by one party on their own or by both parties together.

Our team can advise you on the practicalities of each option and prepare and submit the necessary application to the Family Court on your behalf.

Need help with dissolving a marriage? Get in touch with our trusted team today.

R E L A T I O N S H I P

P R O P E R T Y L A W

Who We Help?

We help individuals protect their assets whether starting a new relationship or during an existing relationship. If your relationship has ended, we can help you separate your property from your former spouse or partner, ensuring financial freedom for the future.

Protecting Your Assets When Entering Relationships

Are you entering a relationship and are worried that your new partner could take everything you’ve worked hard for if your relationship was to end? We can help you achieve freedom in your relationship knowing that your future is secured.

Tips & Advice

Featured
S21 Contracting Out Agreements Can Be Tailored
S21 Contracting Out Agreements Can Be Tailored

Agreements can be catered to your circumstances – as each relationship is different, so is each Agreement, to fit your need.

Take Steps To Protect Your Assets Early
Take Steps To Protect Your Assets Early

Ensure that you take steps to protect your assets early. While you can sign a section 21 Contracting Out Agreement during the relationship.

Know Your Rights When It Comes To Your Assets
Know Your Rights When It Comes To Your Assets

You should know your rights when it comes to your assets. Many people are not aware of the provisions of the Property (Relationships) Act.

FAQs

Featured
What is a Contracting Out Agreement?

A Contracting Out Agreement, commonly known as a pre-nuptial agreement or “pre-nup” is an agreement made under section 21 of the Property (relationships) Act. These agreements contract out of the Act – meaning that the division of your assets upon separation will occur in accordance with the Agreement, rather than in accordance with the Act. These Agreements, once signed, are binding on the parties unless they are set aside by the Court (which is a very difficult task to do).

I am getting a divorce, do I need to update my Will?

If your Will does not reflect your intentions, or if you have separated from or divorced your spouse, you should update it.  If you are not divorced, and your spouse is provided for in your Will, separation does not terminate your spouses’ entitlement.

Do I need to go to court to get divorced?

A divorce is a legal dissolution of your marriage.  You must apply to the Family Court for a divorce to be granted. 

Articles

Articles
How Do You Divide Relationship Property?
How Do You Divide Relationship Property?

There is a general presumption that a couple’s property will be divided equally between them.  There are exceptions to this ...

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