Strong Advocacy that protects your position.
Not all separations resolve easily.
When agreement breaks down, legal clarity becomes essential.
Relationship property disputes can involve significant financial consequences — particularly where family homes, businesses, trusts or complex asset structures are involved.
At Canterbury Legal, our Christchurch relationship property dispute lawyers provide strategic, steady representation to protect your financial position and resolve matters efficiently.
What is a Relationship Property Dispute?
A relationship property dispute arises when former partners cannot agree on how assets should be divided following separation.
Under the Property (Relationships) Act 1976, relationship property is generally divided equally. However, disputes often arise over:
- Whether an asset is relationship or separate property
- The value of businesses or investments
- Contributions made by each party
- Trust-held assets
- Unequal division claims
- Validity of contracting out (prenuptial) agreements
While equal sharing is the starting point, exceptions and complexities can significantly affect outcomes.
When disputes become formal.
Relationship property disputes may escalate when:
- One party refuses to disclose financial information
- Assets are transferred or restructured
- Informal agreements break down
- A prenuptial agreement is challenged
- There are allegations of serious injustice
- Trusts or companies are involved
At this stage, strategic legal advice becomes critical.
Complex assets and hidden risk.
Each category requires careful legal and financial analysis. Disputes often centre on:
1. The Family Home
Common questions iThe home is typically relationship property, even if owned before the relationship began.
2. Businesses, Trusts & Complex Assets
Valuation, control and retained earnings can become contested.
3. Trusts
Trust-held property may still be scrutinised under the Act, particularly where control is concentrated.
4. Superannuation and Insurance
Increases in value during the relationship are generally relationship property.
Challenging or defending a Contracting Out Agreement.
Prenuptial or contracting out agreements can be challenged if enforcement would cause “serious injustice.”
Common dispute issues include:
- Inadequate disclosure at the time of signing
- Independent advice not properly given
- Circumstances changing significantly since signing
Whether defending or challenging an agreement, early advice shapes leverage.
Litigation and Court Proceedings.
While many matters resolve through negotiation or mediation, some require Court intervention.
We represent clients in:
- Family Court proceedings
- Applications for interim orders
- Discovery and disclosure disputes
- Enforcement of settlement agreements
- Urgent injunctions to prevent asset dissipation
Our focus remains on proportional, strategic action — not unnecessary escalation.
Our approach to Relationship Property Disputes
Disputes are rarely improved by aggression. They are improved by preparation.
When acting in relationship property disputes, we:
- Assess your legal position early
- Identify asset exposure and leverage points
- Secure financial disclosure
- Engage in structured negotiation
- Prepare thoroughly for mediation or Court
- Protect assets where urgent action is required
We aim to resolve matters efficiently — but we are prepared to advocate firmly when required.
Frequently Asked Questions.
Can relationship property be divided unequally?
Yes. While equal sharing is the default, the Court may order unequal division in certain circumstances.
Can trust assets be included in a dispute?
Potentially. Courts may examine trust structures, particularly where one party retains control.
What happens if my former partner hides assets?
The Court can order disclosure and may impose consequences for non-disclosure.
Do all disputes go to Court?
No. Many are resolved through negotiation or mediation. Court is typically a last resort.
Why choose Canterbury Legal for dispute matters?
- Strong experience in complex property and trust structures
- Litigation capability where required
- Strategic, calm representation
- Integrated advice across property, trust and commercial matters
We understand that relationship property disputes are personal — but the financial consequences are long-term. Our role is to protect your position with clarity and strength.
