Are you going through a separation or divorce?

We specialise in relationship property law.

Relationship Property Lawyer Auckland

Concerned about what will happen to your property and assets when a relationship ends? Our experienced relationship property lawyers can help make sure your rights are protected.

The Property (Relationships) Act 1976 (Act) requires that relationship property be divided a certain way when a relationship ends, either by separation or death. If you want to make alternative arrangements, our family lawyers can give you and your partner advice on contracting out of the Act, and assist with drafting and negotiating a contracting out agreement (sometimes called a pre-nuptial agreement).

What Is Relationship Property?

Relationship property refers to the assets that you and your partner—whether you are married, in a civil union, or in a de facto relationship.

Under the Act, both partners are considered to have an equal share to the relationship property, leading to a generally equal division. For more information on Equal Sharing of Relationship Property, please see our linked article. This category includes the family home, family chattels, family vehicles, and any other property acquired during the relationship.

Additionally, any income earned, contributions made to superannuation or KiwiSaver, and life insurance policies made during the relationship are included in this property pool.

What Is Separate Property?

Separate property includes assets owned by one partner and is not subject to division, except for certain situations under the Act.

Common examples of separate property are any property that was owned prior to the relationship not intended to be used by both partners, and inheritances or gifts received by one partner.

Separate property can become relationship property if it is mixed with relationship property during the relationship. So, it is crucial to document and clearly demonstrate the ownership of these assets to protect them during any relationship property disputes. For more information on how, please see our article on Contracting Out Agreements.

Drafting a Separation or Contracting Out Agreement

Our team of experienced relationship property lawyers specialise in drafting separation and contracting out agreements.

These agreements are essential when you are entering a marriage, civil union, or de facto relationship and want to agree on how assets should be divided if you divorce or separate. It is crucial that you receive independent legal advice and have your agreement signed in the presence of a lawyer.

Our lawyers will work closely with you to ensure that the agreement reflects your intentions clearly and protects your assets effectively.

We also assist in regularly updating your agreement to reflect changes in your circumstances and to remain compliant with the Act.

Resolve Relationship Property Disputes

Our firm specialises in resolving relationship property disputes with expertise and precision. Our experienced lawyers are equipped to guide you through the process, ensuring a smooth resolution.

Here’s how we can assist:

Negotiation Skills: Our team is adept at negotiating relationship property disputes to ensure that you get a fair outcome.
Expert Advice: We provide clear explanations about your rights under the Act, helping you understand your rights.
Mediation Facilitation: We encourage open communication and mediation to secure amicable resolutions and avoid Court proceedings whenever possible.

Our firm is committed to delivering fair and effective solutions, prioritising your well-being throughout.