Personal Law
Contracting Out Agreements
Agree in advance how you and your partner will divide property if your relationship ends — certainty and protection, for both of you.
Certainty and Protection for Both of You
A Contracting Out Agreement lets you both decide what is shared and what is kept separate — rather than leaving it to the default rules of the law.
A Contracting Out Agreement — often called a "pre-nup" — lets you and your partner decide for yourselves how your property will be divided if your relationship ends, rather than relying on the default rules that apply to relationships in New Zealand.
Once you have lived together for three years, the Property (Relationships) Act 1976 generally divides relationship property equally — 50/50 — no matter who paid for what. For many people that is the right outcome. For others — those bringing a home, a business, an inheritance, or children from an earlier relationship into a new one — it is not.
An agreement under section 21 of the Act lets you both agree, in advance and in plain terms, what is shared and what is kept separate. Done early and done well, it removes uncertainty and protects both of you — so you can get on with your relationship rather than worrying about "what if".
How It Works
From first contact to signed agreement — straightforward at every step.
Tell Us Your Details
Complete our secure online questionnaire from home — about 25–35 minutes. It guides you step by step, saves as you go, and lets each of you list what you own.
We Prepare Your Draft
We review your information and prepare a first draft — usually within 1–3 business days — for you both to review and agree any changes.
Independent Advice & Signing
Your partner gets independent legal advice from a separate lawyer of their own choosing — a legal requirement. You both then sign, and the agreement is binding.
Our fee: $1,250 (incl. GST)
A fixed fee to prepare your agreement in straightforward circumstances. Your partner will also need independent advice before signing — typically $500–$800, paid to their own lawyer. Trusts, businesses, overseas assets or significant negotiation can add time; we will always quote before any extra cost.
Prefer paper? Download the questionnaire · Prefer to talk first? Send us a message
What You Need to Know
The essentials, in plain English.
Relationship property is what the law usually treats as shared. It generally includes:
- the family home — even if one of you owned it before the relationship (unless it is held in a trust);
- family chattels — furniture, appliances, and the cars you both use;
- joint bank accounts;
- KiwiSaver and superannuation built up during the relationship;
- income and property acquired during the relationship; and
- any business or trust interests developed during the relationship.
Separate property is what normally stays yours. It generally includes property you owned before the relationship began, gifts or inheritances received during the relationship (if kept separate), and certain trust property (though this can be more complex).
Watch out: separate property can quietly become shared property if it gets mixed with relationship assets — for example, if you use an inheritance to renovate the family home. An agreement is the clearest way to keep that line firm.
Without a valid Contracting Out Agreement, relationship property is usually split 50/50 — regardless of who paid for what. A court can only depart from this in exceptional cases where an equal split would be clearly unjust. An agreement lets you both decide for yourselves, rather than leaving it to that default rule.
The law requires each of you to get independent legal advice before signing. One lawyer cannot act for both — it is what makes the agreement fair and legally binding, and it is the single most common reason agreements are later set aside when it is skipped.
To keep things efficient, your partner's advice should happen after we have prepared the first draft and you have both agreed any changes — so their lawyer reviews a settled document once, rather than every revision. Your partner is free to choose their own lawyer. Independent advice typically costs $500–$800 per person, paid to that lawyer directly.
The earlier the better. At the start of a relationship there are fewer intermingled assets to untangle, the conversation is usually simpler, and both of you can agree terms calmly. You can still enter into an agreement at any stage — before moving in together, during the relationship (sometimes called a post-nuptial agreement), or even to settle matters after separation — but acting early keeps it straightforward.
Buying With a Partner When a Trust Is Involved?
If your trust will co-own a property with your partner, a Contracting Out Agreement on its own is not enough.
Many of our clients hold assets in a family trust. If your trust is going to own a property together with your partner — for example, the trust owns 70% and your partner owns 30% as tenants in common — you need an extra document alongside your agreement.
A Property Sharing Deed records, in plain English: the share each owner holds and the cash and borrowing each puts in; who is responsible for which loans and who pays which outgoings; what happens if one owner wants out (the buy-out options and how the price is set); and how the proceeds are shared if the property is sold.
Our fee to prepare a Property Sharing Deed in straightforward circumstances is $1,500 (incl. GST). This covers the deed itself; the conveyancing to record the ownership shares on the title is charged separately, and we will quote that for you.
Because every trust and co-ownership arrangement is different, we prepare these individually rather than through an online form. Tell us about your situation and we will let you know exactly what you need.
Already Separating, or Sorting Things Out Later?
A Contracting Out Agreement is for couples planning ahead. If your situation is different, we can help with the related agreements too.
Separation & Relationship Property Agreements
If you have already separated — or are about to — a Relationship Property Agreement (under section 21A of the same Act) records how you will actually divide your property, who keeps the house, and any payment from one of you to the other. It gives you both a clean, final settlement and avoids the cost and stress of the Family Court. As with a Contracting Out Agreement, each of you must get independent legal advice before signing.
Discuss My SituationNot Sure Which One You Need?
Together and planning ahead → Contracting Out Agreement (above).
Separating or separated → Relationship Property Agreement.
Tell us a little about your situation and we will point you to the right one — no obligation.
Ready to get started?
Begin your Contracting Out Agreement online — from home, at your own pace. We handle these matters with sensitivity and care, in plain English, whether you meet us in person, by Zoom, or complete everything online.
Start My Agreement Online