Relationship Property
Relationship Property Experts
We can support you with:
Relationship breakups can be overwhelming, stressful and emotional. We can help you to create a plan, or guide you through the legal process, make sure you know your rights and work toward the outcome you want.
Drafting and reviewing separation agreements.
Understanding property rights and entitlements.
Divorce and dissolution of marriage.
Negotiating and dividing property following a separation.
Protection of assets including prenuptial/relationship property agreements.
Photo credit: lauriemarechalphotography.com
Photo credit: lauriemarechalphotography.com
Relationship Property Agreements
When it comes to building a strong foundation for a lasting relationship, open communication and trust are often considered the cornerstones. While it may seem counterintuitive to discuss financial matters, a relationship property agreement, commonly referred to as a prenuptial or contracting out agreement, can be a wise investment in your future happiness and financial security.
These agreements are critical when one party has significant separate property or there are unequal contributions to property purchases. They ensure property rights and interests are protected, providing certainty in the event of separation.
Separation
Expert legal advice is essential to understand rights and obligations concerning relationship property, especially during separation.
Navigating a separation is never easy, and emotions can run high. However, the decisions you make now will shape your future. Our team is here to support you through this process, providing expert guidance on gathering essential paperwork, advising on necessary actions, and helping you steer clear of potential pitfalls. By seeking legal guidance early on, you empower yourself to embark on a smoother journey toward a new chapter in your life.
Trusts
Trusts can impact relationship property entitlements, with courts increasingly recognising claims against trusts. Legal advice is necessary to navigate these complex issues and protect or access trust property.
Need to protect your assets in a relationship?
Get in touch with us, we'd love to chat with you to see how our experienced team can assist you with your relationship property needs.
Frequently Asked Questions
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You and your partner have to be separated for two years before you, your partner or both of you can file to the Family Court to dissolve your marriage.
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Relationship property is the property that must be divided between the parties when their relationship ends. Relationship property will usually include:
The family home and chattels;
any property acquired by either partner before the relationship, for the common use or benefits;
property owned jointly or in equal shares;
property acquired during the relationship (except for gifts and inheritances);
income earned during the relationship;
Contributions to superannuation and insurance policies after the relationship began, including KiwiSaver;
Increases in the value of relationship property, income from it, or money from the sale of it.
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Separate property is all property that is not relationship property.
Separate property usually includes:
property acquired before the relationship with the exception of the family home and chattels;
Property acquired out of separate property and any proceeds of sale of separate property;
gifts, including things like family heirlooms and taonga;
increases in value of separate property;
income, interest or dividends earned from separate property.
In some circumstances separate property can become relationship property.