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Relationship Property

Protect what you bring.

Contracting-out agreements let couples define their own property arrangements. Protect inheritances, existing assets, and business interests from the start.

Why It Matters

Understanding the default rules.

The Property (Relationships) Act applies to marriages, civil unions, and de facto relationships. Without a contracting out agreement, the Act's default rules determine how property is treated — which may not match your intentions.

"Understanding the default rules is the first step to making informed decisions about protecting your assets."

Tracey Shadbolt, Senior Associate at Carlile Dowling
Tracey Shadbolt, Senior Associate
50/50

Equal Contribution

The Act presumes each partner contributes equally to the relationship. In most cases, relationship property is divided equally—regardless of who earned more or whose name is on the title.

Shared

What Gets Divided

Relationship property includes the family home, family chattels, and property acquired during the relationship. But what about assets you had before? Inheritances? Business interests?

  • Family home (usually shared)
  • KiwiSaver and superannuation
  • Increase in value of separate property
S21

Why Agreements Matter

Without a contracting out agreement, default rules apply automatically. An agreement lets you and your partner decide together how your property should be treated — protecting inheritances, pre-relationship assets, and family interests.

Planning ahead avoids uncertainty and protects what matters to both of you.

Protection

Contracting-out agreements

A contracting-out agreement (also called a prenup or Section 21 agreement) replaces the Act's default rules with arrangements that suit your particular situation.

Second Relationships

Protect assets for children from a previous relationship while providing for your new partner.

Common scenario

Expecting Inheritance

Honour your parents' intention that inherited wealth stays with their descendants.

Common scenario

Existing Assets

Protect what you have worked for while building a life together.

Common scenario

Business Owners

Keep business interests separate from relationship property.

Common scenario

Trusts alone may not be enough

Many people believe a trust will protect their assets. While trusts can provide some protection, courts can look through trusts in relationship property matters. A contracting-out agreement provides more direct and certain protection.

How We Help

Advice

Understanding Your Rights

Understanding your rights and options under the Property (Relationships) Act. We explain how the law applies to your specific situation.

Agreements

Contracting-Out

Contracting-out agreements that protect your assets and provide clarity for both partners. Each partner needs independent legal advice.

Reviews

Keeping Agreements Current

Circumstances change. We help review and update existing agreements to reflect new assets, children, or changed intentions.

Estate Planning

Integration

Coordinating your relationship property arrangements with your will, trusts, and overall estate plan.

Client Observations

What Our Clients Say

"Prompt, friendly & efficient service"

Client

"I have always received excellent service from Carlile Dowling."

Repeat client

"A pleasure to work with."

Client

To ensure candour, all feedback was collected anonymously.

Common Questions

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150+ years of Hawke's Bay expertise. Get in touch to discuss your situation.

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