The agreement has to fit a life you haven't lived yet.

A contracting out agreement is not one person shielding themselves from the other. It is both of you choosing certainty together, while you still like each other. Without one, if the relationship ends, you both lose: you both hand control to a default formula or a judge, you both pay for the fight, and you both lose months to it. A well-drafted agreement can also provide for the partner with less, and spare them a contested case at the worst possible time. It is not protection from each other. It is protection for both of you.

Separation is only half the picture. If your partner dies first, their estate or their family can bring a relationship property claim at the hardest time of your life, and you could face paying out the estate or selling your home just when finances are tightest. If you die first, an agreement helps ensure the assets you have built pass to your children rather than into a property dispute. Agreements need to be drafted with both scenarios in mind.

Research out of the University of Otago found that only about 10% of separated New Zealanders had a formal contracting out agreement, and 72% had never even discussed one. Of those who went through a split without an agreement, more than half said they would never do it again without an agreement in place.

Most relationship property lawyer will tell you that couples who have a prenup are less likely to separate in the future compared to those who did not enter into a prenup at the beginning stages of their relationship. And if they do separate, their separation is straightforward because everything has already been pre agreed at the moment when they were still in love. Entering into a prenup involves difficult conversations about the future that people often delay and only engage into when they no longer can be avoided. Carrying concerns about the unpredictable future if your assets can also affect a relationship with your partner negatively. Perhaps having difficult conversations at the beginning is what all relationships need.

For couples early in their relationship who want to opt out of the default equal-split regime, protecting unequal deposits, inheritances or trust interests. Covers consultation, drafting, changes, disclosure attendances, certification and scheduled check-ins, usually over 4 to 6 weeks.

Most clients: in a relationship over three years, with existing property portfolios, a business, a trust or a wealth imbalance. Everything above at a more involved level, with multiple rounds of negotiation and one free review on a change of circumstances, usually over 2 to 3 months.

High-value or high-risk situations. Bespoke and fully personalised, generally involving extended negotiation and coordination on valuations and accountants’ advice. Scope confirmed after consultation.

For existing agreements: a scheduled review, or a review when your circumstances change. We assess whether the agreement still protects you and advise if changes are required. One scheduled review is included with Protect What You Have Built.