Clear Advice. Calm Strategy.
Protect your position early.
Relationship property issues are rarely just about assets.
They arise at emotionally charged moments — separation, divorce, or major relationship changes — when decisions feel urgent and the consequences aren’t always clear.
Early decisions often shape the final outcome.
At Canterbury Legal, our Christchurch relationship property lawyers provide confidential, strategic advice to help you understand your position before it’s weakened.
What Is Relationship Property?
Relationship property refers to assets acquired during a relationship.
Under New Zealand’s Property (Relationships) Act 1976, when a relationship ends — whether through separation or death — relationship property is generally divided equally.
The Act applies to:
- Married couples
- Civil unions
- De facto relationships of three years or more
Relationship property typically includes:
- The family home (even if purchased before the relationship began)
- Family chattels
- Income earned during the relationship
- Property acquired during the relationship
- Increases in value of superannuation and life insurance
While equal division is the starting point, there are important exceptions. Understanding those exceptions can significantly affect your outcome.
Why Relationship Property decisions happen early.
By the time many people seek legal advice, they have already:
- Moved out of the family home
- Agreed informally to divide assets
- Made financial transfers
- Assumed what is “fair” without legal clarity
These early decisions can quietly weaken your position. Acting early does not escalate conflict. It protects your financial interests before they are compromised.
The Relationship Property issues we see most.
1. The Family Home
Common questions include:
- Should I move out?
- Does leaving affect my entitlement?
- Can the home be sold or refinanced?
Timing matters. Once decisions are made, they can be difficult to reverse.
2. Businesses, Trusts & Complex Assets
Separation often raises questions about:
- Businesses built during the relationship
- Trust-held property
- Assets mixed between personal and relationship use
Assumptions in this area are risky.
Early clarity protects long-term value.
3. Informal Agreements That Feel Fair — But Aren’t
Many couples attempt to keep matters amicable by dividing assets informally.
But informal arrangements can:
- Create expectations inconsistent with the law
- Collapse if circumstances change
- Be challenged later
Fairness requires clarity — not guesswork.
4. When One Party Gets Advice First
This is often the turning point.
Their legal position becomes clearer.
Negotiations shift.
Early concessions become harder to undo.
Timing — not aggression — shapes outcomes.
Prenuptial & contracting out agreements.
The Property (Relationships) Act allows couples to create their own agreement about how property will be divided. These are commonly called prenuptial agreements or contracting out agreements.
These agreements allow you to:
- Define separate vs relationship property
- Agree on unequal shares
- Clarify business ownership
- Protect pre-relationship assets
To be valid, an agreement must:
- Be in writing
- Be signed by both parties
- Include independent legal advice for both parties
- Be witnessed by lawyers who certify advice was given
Agreements can later be set aside if they cause “serious injustice,” so careful drafting is essential.
We regularly assist couples to create, review and update relationship property agreements that are legally robust and commercially sensible.
Relationship Property settlement agreements.
When a relationship ends, independent legal advice is strongly recommended.
In straightforward cases, settlement involves:
- Identifying relationship property
- Assessing value
- Negotiating division
- Formalising agreement in writing
In more complex cases — particularly where businesses or trusts are involved — strategic advice becomes critical.
Our approach focuses on:
- Protecting your asset position
- Minimising unnecessary conflict
- Achieving fair, practical outcomes
Where possible, we resolve matters without litigation. Where necessary, we advocate decisively.
Our approach to separation advice.
When separation becomes real, doing nothing doesn’t protect you — and acting without advice can weaken your position.
We provide:
- Confidential initial advice
- Clear explanation of your legal position
- Strategic guidance before decisions are made
- Structured negotiation where required
- Court representation if necessary
We don’t inflame disputes. We protect assets, clarify options, and resolve matters strategically.
Frequently Asked Questions.
Does relationship property always get split 50/50?
Equal sharing is the starting point under the Property (Relationships) Act 1976, but exceptions may apply depending on circumstances.
Does moving out of the family home affect my entitlement?
Leaving the home does not automatically remove your rights, but early decisions can affect negotiation dynamics.
Do de facto relationships count?
Yes. De facto couples who have lived together for three years or more are generally covered by the Act.
Can a prenuptial agreement be challenged?
Yes. The court may set aside an agreement if enforcing it would cause serious injustice.
Should I get legal advice before discussing settlement?
Yes. Early advice helps you understand your entitlements before informal agreements shape expectations.
Why choose Canterbury Legal for Relationship Property advice?
- Over 30 years advising Canterbury families
- Strong experience in property, trust and business matters
- Strategic, calm approach to sensitive situations
- Clear advice without unnecessary escalation
We understand that separation is personal. Our role is to protect your legal and financial position while helping you move forward.
