Relationship Property

Do you understand your legal position?

Clear advice for complicated moments

Relationship property issues can arise at very different stages of a relationship. You may be entering a new relationship and want clarity about how particular assets will be treated, already have arrangements you want documented, or be separating and need to understand what happens next.

At SD&S Legal Group, we provide practical advice on contracting out agreements, relationship property agreements, separation and the division of relationship property. We help you understand your legal position, identify the issues that matter and work through the available options before decisions are made.

Where an agreement is appropriate

We can advise on its terms, explain its effect and prepare the necessary documentation. If a relationship has ended, we can assist with identifying and valuing relevant property and liabilities, negotiating an agreement and documenting the eventual settlement.

Protecting what matters to you

Relationship property matters are often personal as well as legal. We take a measured, solution-focused approach, working to resolve matters efficiently and constructively wherever possible. Throughout the process, we make sure your interests are clearly understood and properly protected.

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Planning ahead can prevent uncertainty later

Relationship property issues do not only arise when a relationship ends. If you are entering a relationship, buying property together, combining finances or bringing significant assets into a relationship, it can be sensible to agree in advance how property will be treated.

A contracting out agreement can record arrangements that differ from the usual relationship property rules and provide greater certainty for both parties about what will happen if the relationship later ends.

These agreements need to be carefully considered and tailored to the circumstances of both people. We can advise you on your position, prepare or review the proposed agreement and help ensure you understand its practical effect before you sign.

How our team can assist with your relationship property

Wherever possible, we focus on resolving relationship property matters through clear advice and constructive negotiation. If issues are more complex or agreement cannot readily be reached, we will help you understand the available options and what should happen next

Contracting Out AgreementsSometimes called “pre-nups”, contracting out agreements allow couples to agree how some or all of their property will be treated instead of relying on the usual relationship property rules. We prepare and advise on agreements tailored to the particular assets, circumstances and intentions of the people involved.

Relationship Property AdviceIf you are unsure about your position, we can help you understand what may be relationship property, what may remain separate property and the issues that need to be considered before you make decisions or negotiate with your former partner.

Separation and division of propertyWhen a relationship ends, we assist with working through the division of assets and liabilities, including property, bank accounts, investments, businesses and other interests that may need to be considered as part of the overall settlement.

Relationship Property Agreements and SettlementsWhere an agreement is reached, we can negotiate, prepare and advise on the documentation required to record the division of relationship property and bring the financial aspects of the relationship to an appropriate conclusion.

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Need clarity on where you stand?

Planning ahead, already separating, or simply unsure about your legal position? Get in touch with our relationship property team. We'll help you understand your options and what to do next.

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What property is relationship property, and what can remain separate?

Relationship property can include the family home, household contents, income earned during the relationship, investments, savings, superannuation and other assets acquired during the relationship. Separate property can include some assets owned independently, as well as certain gifts and inheritances. However, the distinction is not always straightforward — how an asset has been used, whether it has been mixed with relationship property, and what has happened to its value over time can all be relevant. We can help you understand how the rules may apply to your particular assets and circumstances.

Do we each need our own lawyer for a contracting out agreement?

Yes. For a contracting out agreement to meet the requirements of the Property (Relationships) Act 1976, each person must receive independent legal advice before signing. Each signature must also be witnessed by a lawyer, who must certify that they have explained the effect and implications of the agreement. This means one lawyer cannot advise and certify both parties.

We’re separating - where do we start?

A good first step is to understand what you own and owe, both individually and together. This may include property, mortgages, bank accounts, investments, KiwiSaver or other superannuation, businesses, trusts and significant debts. We can help you identify the issues that need to be addressed, explain your legal position and work with you towards an appropriate division of property. It is usually sensible to obtain advice before transferring assets or agreeing to a final settlement.

Does relationship property law apply if we’re not married?

It can. The Property (Relationships) Act applies to married couples, civil union partners and qualifying de facto relationships. For de facto couples, the rules that apply can depend on the length and circumstances of the relationship. A relationship of less than three years is generally treated differently, although there are circumstances in which the Court can still make orders. If you are unsure whether your relationship is covered, we can advise you based on your particular circumstances.

Can relationship property matters be resolved without going to court?

Often, yes. Many relationship property matters are resolved by negotiation and recorded in a formal agreement rather than through Court proceedings. The Property (Relationships) Act specifically allows couples to settle their property differences by agreement, but the agreement must meet particular legal requirements, including independent legal advice for each party. Where agreement cannot be reached, we can explain the other options available and the steps that may follow.