Relationships Property Lawyer Hamilton
Agreements and seperation
Most of us don’t like thinking about what happens when we’re gone - or what happens if we can no longer make decisions for ourselves. But the people who love you will be very glad you did.
Foundation Legal specialises in relationship property law in Hamilton and across the Waikato. We handle these matters with genuine sensitivity, and we’re straightforward with you about your options, your rights, and what’s involved. You’ll always know roughly what it’s going to cost before we get started.
Contracting Out Agreements
A Contracting Out Agreement - commonly known as a pre-nup or prenuptial agreement - is a private, written agreement between you and your partner that sets out how your property would be divided if your relationship were to end. It’s especially worth putting one in place before your relationship reaches three years.
Under the Property (Relationships) Act 1976, once a relationship hits the three-year mark, most property accumulated during the relationship is treated as relationship property and divided equally by default. A Contracting Out Agreement lets you and your partner define your own terms instead of having the law decide for you.
These agreements are particularly common in second or subsequent relationships, where one or both partners bring an existing home, savings, or assets for children from a previous relationship. A Contracting Out Agreement in Hamilton is a practical, forward-thinking step - not a sign of distrust.
One thing we want to be upfront about: if we’re acting for a couple, we won’t advise both of you. Each party needs their own independent legal advice - that’s not a formality, it’s a genuine safeguard for both sides. We’ll refer your partner to a suitable independent lawyer and make the process as smooth as possible.
Not sure if a Contracting Out Agreement is right for your situation?
Get in touch for an honest conversation. There’s no pressure to proceed — just clarity on what your options are.
Separation
Separation is never easy. When a long-term relationship ends, the legal process often runs alongside some of the most difficult emotional conversations you’ll ever have - about your home, your finances, and sometimes your children.
Under New Zealand’s relationship property law, relationship property - assets built up together during the relationship - is generally divided equally. Separate property, such as assets you owned before the relationship or received as a gift or inheritance, is treated differently.
But the rules aren’t always straightforward, and what counts as a relationship or separate property often depends on your specific circumstances.
If you have a Contracting Out Agreement in place, that changes the picture significantly - we’ll work through exactly how it applies. The separation process typically involves reaching agreement (or, where necessary, going to the Family Court) on how property is divided, whether the family home is sold or transferred and how any outstanding financial obligations are handled.
Many people will commonly search for ‘divorce lawyer Hamilton’ - but New Zealand law refers to this as a dissolution of marriage, and the process of separating assets and formalising the end of a relationship is what we’ll be able to help with.
Claire Gibson has extensive experience as a separation lawyer in Hamilton. She’ll walk you through how the law applies to your situation, what your options are, and what a fair resolution looks like - without making you feel like every question is costing you money.
If you’re going through a separation, even a first conversation can make an enormous difference.
You don’t need to have all the answers before you call us.
A Note on Estate Matters
Relationship property questions don't always end when a relationship does.
If a partner passes away, the surviving partner may have entitlements under relationship property law as well as under the Will. These situations can be complex, and getting good advice early makes a significant difference.
Because Foundation Legal works across relationship property, estate planning, and property law, we can give you a complete picture - not just one piece of it.
Transparent Fees
Relationship property matters vary in complexity, so costs depend on the specifics of your situation.
We publish fee guidelines and will give you a realistic estimate at the outset, so you're never in the dark about what's involved. The goal is always to resolve things in the most straightforward, cost-effective way possible.
Get in Touch
Whatever stage you're at, we're here to help. Call us on 07 949 7879 (ext 1), email reception@foundationlegal.co.nz or drop into our office at The Base in Te Rapa.
We can meet at our office, at your home, or anywhere that feels comfortable - including after hours if that works better for you.
FAQs
What Is The Three-Year Rule in New Zealand Relationship Property Law?
Under the Property (Relationships) Act 1976, once a relationship reaches three years - whether married, in a civil union, or de facto - most property built up during the relationship is treated as relationship property and divided equally if you separate. This applies to things like the family home, savings accumulated together and KiwiSaver contributions made during the relationship.
A Contracting Out Agreement lets you and your partner set your own terms before the three-year default kicks in.
What's the Difference Between Relationship Property and Separate Property?
Relationship property is generally everything built up together during the relationship - the family home, shared savings and assets acquired jointly. Separate property is what you each owned before the relationship began, or assets received as a gift or inheritance during the relationship. The line between the two isn't always clear-cut and in practice there are many situations where the distinction is contested.
Getting advice early, before you separate, is always better than trying to untangle things after the fact.
Do Both of us Need Our Own Lawyers for a Contracting Out Agreement?
Yes - and that's a good thing, not a hurdle. For a Contracting Out Agreement to be legally valid in New Zealand, both parties must receive independent legal advice and sign a certificate confirming they understood what they were agreeing to. We act for one party, and we'll refer your partner to a suitable independent lawyer. This protects both of you and ensures the agreement will hold up if it's ever needed.
How is Property Divided When You Separate in New Zealand?
The starting point under New Zealand law is equal division of relationship property. But what counts as relationship property, how the family home is handled and whether any adjustments apply all depend on your specific circumstances - including how long the relationship lasted, what each person contributed, and whether a Contracting Out Agreement is in place.
It Too Late to Get a Contracting Out Agreement If We're Already Together?
No, you can put a Contracting Out Agreement in place at any point during your relationship, not just at the beginning. That said, the earlier the better. Once a relationship has passed the three-year mark, the default equal-sharing rules already apply, which means you're changing an existing legal position rather than setting one from the start.
If you've been together for a while and haven't yet thought about this, it's still absolutely worth doing - it's never too late to get clarity.
P. 07 949 7879 (ext.1)
E. reception@foundationlegal.co.nz
Postal address:
PO Box 20423, Te Rapa, Hamilton 3241
Physical Address
Shop L313, The Base, Te Rapa, Hamilton 3200
(Entrance on the right of Pero’s Barber Shop)