Did you know that in New Zealand, if you purchase your home and then have your partner move in, your home could be considered the “family home” with your partner entitled to half on separation? This is regardless of whether your partner’s name is on the title or whether they have financially contributed to the home. To protect your property and investments when entering a relationship, we recommend seeing one of our relationship property team for advice and to prepare a contracting out agreement (or, as you may know them, a “pre-nup”). A contracting out agreement allows you and your partner to control the ownership of assets and liabilities throughout and at the end of a relationship. We recommend you see one of our lawyers before living with your partner for 3 years and before marriage to ensure you can effectively protect your property. Please note, for a contracting out agreement to be legally binding, you and you partner will both need independent legal advice.

Separating is never easy, but our team of relationship property experts can take out some of the pain when dealing with the division of relationship property. Whether you have already decided how to divide relationship property or need assistance through the negotiations, we have you covered. Once the agreement is reached, we can prepare a separation agreement. Like the contracting out agreement, you and your ex-partner will both need independent legal advice for the separation agreement to be legally binding.

If we can’t reach an agreement, we can file proceedings to the Family Court and the Court will decide on the division of relationship property.

If your partner or spouse dies, you can “elect” to either accept any distribution made to you in their will, or to divide property as if you were separated. This may be particularly relevant for you if your partner died without updating their will to include you. We can assist you with the election process and any negotiations required to give effect to that election where you have decided to divide property as if you were separated.

There also may be situations where your partner or spouse has not provided enough support for you either in their will or through the division of relationship property. Come speak to us to see if you can apply for further compensation from your partner’s estate under the Family Protection Act 1955.

After two years of separation, you can apply to the Family Court to “dissolve” your marriage (divorce). You can apply for divorce by yourself or jointly with your ex-spouse. Either way, our team can assist with preparing and filing the application to the Family Court. You will need to show the Court that arrangements have been made for the day-to-day care for any children of the relationship. If you’re having difficulty with this, come talk to our team of Family Lawyers that can assist you with a parenting agreement or order.