Property Division in New Zealand
Understanding relationship property laws and division principles
Relationship Property
Property acquired during the relationship
- • Family home
- • Household chattels
- • Income earned during relationship
- • Savings and investments
- • Superannuation schemes
- • Debts incurred for relationship property
Separate Property
Property owned before relationship or acquired separately
- • Property owned before relationship
- • Gifts or inheritance to one partner
- • Personal effects
- • Property acquired after separation
- • Compensation for personal injury
- • Property subject to succession rights
Equal Sharing
Relationship property is generally divided equally between partners
- ✓ 50/50 split is the starting point
- ✓ Applies regardless of who earned more
- ✓ Includes both assets and debts
- ✓ Covers all forms of property
Contributions
All contributions are valued equally
- ✓ Financial contributions
- ✓ Non-financial contributions
- ✓ Homemaking and childcare
- ✓ Property maintenance and improvement
Compensation
Adjustments for extraordinary circumstances
- ✓ Unequal contributions to separate property
- ✓ Economic disadvantage from relationship
- ✓ Extraordinary contributions
- ✓ Debts and liabilities
Division Process
1
Identify Property
List all assets and debts
- • Compile asset register
- • Obtain property valuations
- • Identify separate vs relationship property
- • Calculate net worth
2
Negotiate Settlement
Attempt to reach agreement
- • Direct negotiation
- • Mediation services
- • Collaborative law process
- • Legal representation
3
Court Application
Apply to court if no agreement
- • File court application
- • Serve documents
- • Attend court hearings
- • Receive court orders
Relationship Factors
- ✓ Length of relationship
- ✓ Nature of relationship
- ✓ Children from relationship
- ✓ Living arrangements
- ✓ Financial arrangements
Property Factors
- ✓ When property was acquired
- ✓ How property was acquired
- ✓ Use of property
- ✓ Contributions to property
- ✓ Property improvements
Understanding Property Division
The Property (Relationships) Act 1976
This Act governs property division for:
- Married couples
- Civil union partners
- De facto relationships (3+ years or with child)
Key Principles
The Act is based on several key principles:
- Equal sharing of relationship property
- Recognition of all contributions
- Protection of economic interests
- Consideration of children's welfare
Special Circumstances
Courts may depart from equal sharing in cases of:
- Extraordinary circumstances
- Short relationships with disproportionate contributions
- Separate property becoming relationship property
- Economic disadvantage from the relationship
Contracting Out
Couples can opt out of the Act by signing a contracting out agreement:
- Must be in writing
- Both parties need independent legal advice
- Lawyers must certify the agreement
- Can be made before, during, or after relationship
Need Help with Property Division?
Our experienced family lawyers can help you understand your rights and achieve a fair property settlement.