Separation and relationship property
Whether you’re considering separation or have already made the decision, our experienced Christchurch relationship property lawyers are here to guide you through every step with empathy and understanding. We know this is a difficult time, and our team is here to help you navigate it with clear, practical advice.
First steps when separating
Knowing what to do early on can make a significant difference to the outcome. You are legally separated when one partner decides the relationship is over and you stop “living together as a couple”. Get in touch with our team so we can help you understand your rights and take the right steps from the start, whether it’s dividing property, arranging care for children, and reaching a fair outcome.
If you or your children are at risk of family violence, your safety is the priority. You may be able to get a protection order granted within 24 hours.
The right approach depends on your circumstances, and we can guide you through your options.
Relationship property
Under the Property (Relationships) Act 1976, relationship property is generally divided equally when a qualifying relationship ends. This applies to married couples, civil union partners, and de facto relationships who have been together for three years or more.
Separation agreements
For any agreement on dividing your property to be legally binding, it must be in writing, and both parties must receive independent legal advice from lawyers at different firms. We can help you negotiate and draft your separation agreement or provide independent legal advice if your partner's lawyer has prepared one.
Separate property
Property owned before the relationship, inheritances, and gifts are generally separate property and so will not be shared equally. However, if separate property has been mixed with shared assets or increased in value through either partner's contributions during the relationship, all or part of it may be subject to sharing. We can help you understand what may be classified as separate or relationship property in your situation.
Economic disparity and spousal maintenance
If one partner's living standards or income are significantly higher after separation because of how roles were divided during the relationship, the other partner may be entitled to additional compensation. Spousal maintenance may also apply where one partner cannot meet their reasonable needs. These claims can be complex, and we can help you understand whether they apply to your situation.
Divorce
Dissolving your marriage (getting a divorce) is a separate legal step from separation. You can apply to the Family Court after living apart for at least two years, either jointly with your spouse or on your own. Divorce does not automatically resolve relationship property and/or parenting matters, so these should ideally be addressed before or alongside your application.
Related articles
Frequently Asked Questions
Do I need a lawyer for separation?
Yes. While you can reach an agreement with your partner privately, for it to be legally binding under the Property (Relationships) Act, both parties must receive independent legal advice from separate lawyers. Beyond that, getting legal advice early helps you understand your entitlements and avoid costly mistakes, particularly where trusts, businesses, or complex asset structures are involved.
What should I do first if I'm separating?
Record the date you separated, as this determines how property and income are assessed. Avoid making significant financial changes, transferring assets, or signing anything before getting legal advice. Gather key documents like bank statements, KiwiSaver details, mortgage information, and any trust deeds. Then speak to a family lawyer to understand your rights and options.
How is relationship property divided in New Zealand?
Under the Property (Relationships) Act 1976, relationship property is generally divided equally when a qualifying relationship ends. This includes the family home, family chattels, and property acquired during the relationship. However, there are important exceptions, and early legal advice can help you understand how the rules apply to your specific situation.
Will my assets in a trust be protected if we separate?
While trusts can be useful for asset protection, the Property (Relationships) Act 1976 allows claims to be made in certain circumstances, such as when property was transferred to a trust during the relationship or with the intention of defeating a partner’s relationship property claim. A properly prepared contracting out agreement can help prevent these claims.
What should I do about my Will after separation?
Separation doesn’t automatically change your Will. If your ex-partner is named as a beneficiary, executor, or trustee, your Will may still give them control over your estate. You should also review any enduring powers of attorney. We recommend updating these documents as soon as possible after separating.
Contact us today to discuss your situation and let our experts guide you toward a positive resolution.
