Relationship Property Agreements

Relationship Property or Separate Property?

You may need to put into place agreements that will comply with the law and protect your property whether you are:

• entering a new relationship,
• making arrangements in a current relationship, or
• dealing with a former spouse or partner.

Property is generally defined as either being relationship property or separate property. 

What type of property an asset is becomes important because in New Zealand relationship property is usually divided equally between a couple on separation when they have been in a qualifying relationship… a relationship of three or more years. 

A qualifying relationship can be:

• a marriage
• a civil union or a
• de facto partnership.

Relationship property is all property accumulated during the period of the relationship, or property that was accumulated before the relationship began but was used for the benefit of the relationship. 

Sometimes property that would have become relationship property can be separate property if the couple entered into a Contracting Out Agreement(“pre-nuptial”) at any point in time in their relationship.

Where most disputes over property arise is when one party to a qualifying relationship argues that certain property is separate and does not need to be divided equally.

Protecting your property whether you are entering and ending a relationship is important. We can advise you as to your rights and obligations and what you need to know to put valid arrangements in place.

For a more detailed discussion of Relationship Property and Relationship Property Agreements see this link, where there is also an explanation of the important differences between Relationship Property Agreements and Contracting Out Agreements (“pre-nups”).

Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.

Our people to contact

Shaun Cousins

Dispute Resolution & Litigation

Susan D'Ath

Property & Personal Legal Services

Michelle Quek

Business, Property & Personal Legal Services