Congratulations on doing some research on this subject. One of the hardest things in life is when a close intimate relationship ends. It’s difficult for someone to imagine things going bad, especially at the start when you have that wonderful feeling of love!
Aside from having to untangle your feelings, you might also have to deal with splitting property and possibly care of children as well as pets, friends, memories… the list goes on.
Sometimes things don’t work out and one or both of you feel that happiness lies elsewhere. Whatever the reason, if you need some legal advice at this time then Portia has caring and understanding lawyers. We also give good advice, and this is important as the law is very complex when it comes to division of property.
New Zealand law states that when a marriage, de facto relationship or civil union ends there is a presumption of equal sharing in all relationship property and relationship debt. The Property (Relationships) Act 1976 defines relationship property as all property acquired for or during the relationship. This also includes property acquired by one party prior to the relationship commencing, if it is used for the benefit of the relationship. The definition further states that this includes the family home, whenever it was acquired. The family home is generally defined as the main residence for the couple or family during the relationship.
In New Zealand it is possible to contract out from the presumption of equal sharing in all relationship property and debt. A contracting out agreement (also known as a pre-nuptial agreement) protects each spouse’s individual interests in property. Such an agreement specifies the ownership and entitlements of each party in the property and debt. Although a contracting out agreement can be obtained at any point during the relationship, it is recommended that an agreement is entered into as early as possible.
A contracting out agreement is recommended when:
We’ll be honest: it can cost a lot. If you have a contracting-out agreement in place then the division should be straightforward. Without one, it can be very complex. If you and your ex-partner can speak to each other agreeably then you might be able to come to an amicable agreement with the help of lawyers (there will be some legal documents you will need prepared). If there are disagreements then it is much more efficient to attend mediation first. You might be able to resolve all the disagreements, but even if you can’t you probably will agree on some issues.
Asking the Family Court to resolve your property dispute should absolutely be your last option. Such cases can stretch up to and over two years and are very costly. However, there are some instances where this cannot be avoided and in that case you’ll want Portia’s senior legal team on your side.
If you would like to speak to us about your options, please contact our Legal Response Team on (0800) 339 223, or email support@portia.law. Our relationship property matters are undertaken by senior and experience lawyers who are also expert litigators.
The Property (Relationships) Act 1976 defines relationship property as all property acquired for or during the relationship. This also includes property acquired by one party prior to the relationship commencing, if it is used for the benefit of the relationship. The definition further states that this includes the family home, whenever it was acquired. The family home is generally defined as the main residence for the couple or family during the relationship.
If you have been married, in a civil union or had a 'de facto relationship' then it is likely the law recognises you under the Property (Relationships) Act. A lawyer will be able to confirm this for you if you have doubts.
Firstly, try to have a conversation with them. You both have rights, but you might not have an equal right to some or all of the property. If you can come to an agreement, then you both should seek independent legal advice.
If your ex-partner is agreeable you could attempt settling your disputes through mediation. Fair Way Resolution is a trusted mediation service and they can provide you with options including an estimated cost. Call them on (0800) 77 44 22 or email fairwayinfo@fairwayresolution.com.
Sounds like you need to speak to one of our senior lawyers. They will investigate the assets of the relationship and give you an appraisal of what your fair share should be. Before going to court we'll write to your ex-partner (or their lawyer) and try to negotiate a fair settlement. If that doesn't work then we can advise on the next steps and how much that might cost.
If you are going to court for distribution of relationship property you normally have to apply within one year of a dissolution (divorce) or within three years from the end of a de facto relationship.
That's a complex question and depends on a number of things. However, men and women do have equal status under the law. So if each partner has made an equal contribution to the relationship, then generally the relationship property would be shared equally (50:50).
Usually after three years in a de facto relationship the Property (Relationships) Act applies. Be aware that a de facto relationship can be subjective: it isn't always obvious when such a relationship starts. This is often something that is disputed and requires a Judge's intervention.
If you are both the legal owners of the house, then you cannot sell the home or make the other party sell, unless the other party agrees or it a sale is directed by a Family Court Judge. Sometimes this can take up to two years to make its way through the justice system. You should take advice from an experienced lawyer in this case.
A debt that has been incurred by the spouses/partners jointly, or: in the course of a common enterprise carried on by one or both of the partners; for the purpose of acquiring, improving, or maintaining relationship property; for the benefit of both spouses or partners in the course of managing the affairs of the household; for the purpose of bringing up any child of the relationship. Be aware that a debt can be a 'relationship' debt even if one party was not aware of the debt.
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