Relationship Property

If your relationship has recently broken down, you may need to seek assistance in dividing property between yourself and your partner.

Under normal circumstances it is important to comply with the formalities of the Property Relationships Act.  This is because, unless you have a written agreement, which is signed by both of you and for which both of you have had independent legal advice, then you do not have a binding agreement or arrangement.   This can pose real problems in the future and we strongly recommend to all of our clients, in such circumstances, that they have a signed written agreement and comply with the formalities of the legislation.

Our firm does not act in the area of child law, and care of children.   But we have a very good relationship with several other firms and are able to make a referral if you wish.

Contracting Out Agreements

If you are in a relationship and the property which you and your partner have is unequal and you would like it to remain that way, then you have to consider the possibility of an agreement contracting out the provisions of the Property (Relationships) Act.

The Property (Relationships) Act sets up a very tight legal framework.  If you are in a relationship for more than three years, then all of your property, without exception, is considered to be joint and is subject to equal division should the relationship break down.   The only exception is a contracting out agreement which complies with the provision of the Act.

We have years of experience in advising individuals and couples as to the best way to structure their affairs.  It may well be, that not only do you need a contracting out agreement but you may also wish to consider the establishment of a family trust.

Please contact peter@lawconnect.co.nz or steve@lawconnect.co.nz.   You can also click on the contact us link in the menu.