Relationship Property and Family Law
Practical, empathetic advice to protect what matters, before, during & after a relationship.
When a relationship ends, whether by separation or death, decisions need to be made about property, business interests and other assets, sometimes including those held in a Family Trust. The Property (Relationships) Act 1976 sets out how this is done, but couples can also choose their own path with a Contracting Out Agreement, opting out of the standard property sharing rules so both partners know exactly where they stand.
Our team offers confidential, empathetic and practical advice at every stage, whether you’re putting an agreement in place for peace of mind, working through a separation, or resolving a relationship property or trust dispute. We’ll help you understand your options and protect your position going forward.
Contracting Out Agreements
Often known as a pre-nup, a Contracting Out Agreement lets you agree in advance how property will be divided if your relationship ends. We draft these agreements and provide the independent legal advice each partner needs, so you can enter your relationship with confidence and clarity.
Separation & Relationship Property Division
If you separate, or your partner passes away without a Contracting Out Agreement in place, we’ll guide you through dividing relationship property and resolving any related trust disputes. We can also advise on how to structure and protect your assets as you move forward.
A Smarter, Flexible Way to Fund Your Family Law Matter
We understand that navigating a separation or relationship property matter comes with financial strain, on top of everything else. That’s why Sharp Tudhope has partnered with JustFund, New Zealand’s only dedicated provider of flexible funding for family law legal fees.
Eligible clients can access a flexible line of credit to cover legal fees and expenses, with nothing to repay until you reach a settlement, easing the pressure of paying costs upfront.
Our Expertise
- Contracting Out Agreements (pre-nup agreements)
- Separation Agreements and Dividing Relationship Property
- Independent Advice on Separation or Contracting Out Agreements
- Relationship Property and Family Trust Disputes
- Structuring and Protecting Assets Following Separation
- Family Court Applications for Property Managers and Welfare Guardians
- Enduring Powers of Attorney
- Childcare and Care of Children Matters
- Family Protection Act Claims
- Family Proceedings Act and Financial Assistance Claims
- Support Following Relationship Breakdown
- Confidential, Empathetic and Practical Advice at Every Step
Frequently Asked Questions
What is relationship property?
Relationship property generally includes assets acquired during a marriage, civil union or de facto relationship, such as the family home, vehicles and joint income. The Property (Relationships) Act 1976 sets out how it’s shared if a relationship ends.
Do I need a Contracting Out Agreement (pre-nup)?
Not everyone needs one, but it’s worth considering if you’re bringing significant assets, a business or an inheritance into a relationship, or want certainty about how property would be divided in future.
How is property divided if we separate without an agreement?
Without a Contracting Out Agreement, relationship property is generally divided under the Property (Relationships) Act 1976. We can advise on how this applies to your specific circumstances and help resolve any disputes.
What happens to relationship property if my partner dies?
Relationship property matters can also arise on death, particularly where there’s no Contracting Out Agreement. We can advise on your options, including any claims under the Family Protection Act.
Can you help with other family law matters, like childcare?
Yes. We advise and act on childcare arrangements, Family Protection Act claims, and
matters under the Family Proceedings Act.
Is funding available to help cover legal fees?
Yes. Through our partnership with JustFund, eligible clients can access flexible funding for family law legal fees, with repayment deferred until settlement.
