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Our Approach: Strategic, Pragmatic, and Protective /
We don’t just draft agreements — we position you to act decisively, reduce risk, and maintain leverage. Every decision is evaluated for its long-term impact, ensuring your assets and interests are protected whether you’re negotiating a separation or contracting out property.
Strategic Positioning
Identify leverage points early to give you an advantage before negotiations begin.
Negotiation & Influence
Shape discussions to achieve outcomes that favour your objectives while keeping conflict manageable.
Clarity & Durability
Draft agreements that are precise, enforceable, and built to withstand challenge
Measured Advocacy
Know when to compromise, when to press, and how to protect your interests without overexposure.
Relationship Property Resources /
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What is relationship property in New Zealand?Relationship property generally includes all property acquired by either partner during the relationship, including the family home, household contents, income, savings, and KiwiSaver. Under the Property (Relationships) Act 1976, relationship property is presumptively divided equally between the partners upon separation, unless a contracting-out agreement (section 21) applies, however parties can agree how they want to divide property on separation by entering into a separation (section 21A agreement).
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What counts as separate property?Separate property typically includes assets owned by a partner prior to the relationship, inheritances, or gifts from a third party. However, if separate property has been intermingled with relationship property or used for family purposes, it may become relationship property under section 9A of the Property (Relationships) Act 1976.
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Do I need a separation agreement?A separation agreement provides a legally binding framework for dividing relationship property. While not strictly mandatory, having a properly drafted agreement ensures that the division of assets is enforceable under the Property (Relationships) Act 1976 and significantly reduces the risk of future disputes. In the absence of a properly executed separation agreement, either party can seek an order from the Family Court - even if the parties had earlier agreed to an informal division.
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Can we contract out of the equal sharing rules?Yes. Couples can enter a contracting-out agreement (s21, Property (Relationships) Act 1976) to specify how property will be divided if the relationship ends. Both parties must receive independent legal advice, and the agreement must be signed and compliant with statutory requirements to be enforceable.
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Can you act for both me and my partner (or ex partner)?No. We can draft an agreement with the input of both parties, but for that agreement to be binding it must be certified by two separate independent lawyers (one acting for each party) who must certify that before the party they represent signed the agreement they explained to that party the effects and implications of the agreement.
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What happens if we cannot agree on dividing property?Disagreements can often be resolved through negotiation between lawyers, or mediation. If a settlement cannot be reached, either party may apply to the Family Court for orders under the Property (Relationships) Act 1976. At Gordian Legal, we aim to maximise outcomes through strategic negotiation while preserving leverage for court proceedings if necessary.
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How long does it take to finalise a separation or contracting-out agreement?Timelines vary based on the complexity of the property pool and cooperation of the parties. Simple matters can be finalised within weeks, while complex cases involving trusts, businesses, or overseas assets may take months. We provide clear, realistic timelines at the outset and guide you through each stage efficiently.
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What happens to our family business if we separate?Family businesses are typically considered relationship property if they were established or operated during the relationship. The court may order a division of the business or its value, or one partner may be required to buy out the other's share. Valuation and expert advice are often necessary to determine a fair outcome.
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Can I protect my inheritance or gift received during the relationship?Yes, if inheritance or gifts are kept separate and not used for joint purposes, they may remain separate property. However, if they are used to benefit the relationship (e.g., invested in the family home), they could become relationship property.
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How does the court determine a fair division of property?The court considers various factors, including the duration of the relationship, the contribution of each partner (financial and non-financial), the needs of any children, and the future earning capacity of each party. The goal is to achieve a fair and equitable distribution.
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Do I need to disclose all assets and debts during separation?Full disclosure is essential. Concealing assets or debts can lead to the agreement being set aside or result in legal penalties. Transparency ensures a fair division and upholds the integrity of the legal process.
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