Prenuptial Agreements including Disputes

What is a Prenuptial Agreement?

In New Zealand, relationship property is governed by the Property (Relationships) Act (PRA). The PRA states that if a marriage, civil union or de facto relationship lasts more than three years, all relationship property will be divided equally unless the Family Court considers there are extraordinary circumstances that make equal sharing repugnant to justice.

If you do not want the PRA to apply to your relationship, you can enter into an agreement to ‘contract out’ of the provisions of the Act. This is called a Prenuptial Agreement. This will set out how you will own the property, how it will be managed and how the property will be divided if your relationship breaks down.

A Property Sharing Agreement is a common way to contract out of the Property Relationships Act. It might be used where one party is bringing a home or other assets into the relationship. The agreement outlines how the property will be divided if the relationship ends.

How can we help?

We have expertise in this field and can advise on, and draft a Prenuptial Agreement for you. However note that even though the other party may be in agreement, they will still need to seek independent legal advice before signing.

We represent clients in the situation where one party disputes a prenuptial agreement and we have a lot of experience in this area. Please call us to make an appointment and we can advise you how to proceed.