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Dividing Relationship Property

New Zealand's property-split rule is blunt: after 3 years together — married, civil union or de facto — relationship property is presumed to be divided equally, no matter whose name is on the title or who earned what. The fights are about what counts as relationship property, the narrow exceptions, and the deadlines that quietly kill late claims. Call 0800 461 100 free, any hour, before you sign anything.

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Two clocks. After a dissolution (divorce) you have 12 months to apply to the Family Court for a property order; after a de facto relationship ends you generally have 3 years (Property (Relationships) Act 1976, s 24). The court can allow late claims but you cannot count on it — and once assets are spent or transferred, winning on paper can mean recovering nothing.

Relationship Property at a glance

The core rule

Relationship property of a 3+ year relationship is presumed to split 50/50 (Property (Relationships) Act 1976, s 11) — title and income are irrelevant

Who it covers

Marriages, civil unions AND de facto relationships of 3 years or more — with exceptions that can pull in shorter relationships (a child, or substantial contributions)

What is usually shared

The family home (whenever acquired), the family car, furniture and chattels, and assets built up during the relationship

What usually stays separate

Property owned before the relationship and most inheritances and gifts — unless they were mixed into shared life

Deadlines

12 months from a dissolution; generally 3 years from the end of a de facto relationship

What counts as relationship property

The family home is the headline: it is relationship property even if one of you owned it before the relationship, and even if it stayed in one name. Alongside it sit the family chattels — vehicles, furniture, household goods — and property acquired during the relationship: savings, KiwiSaver contributions made during the relationship, business interests built up together, and debts too, which are shared on the same logic.

Separate property — what you brought in, inheritances, gifts — stays yours in principle, but it can convert to relationship property when it gets intermingled: an inheritance paid into the joint account and spent on shared life, or a pre-owned house that becomes the family home. The line between "separate" and "shared" is where most real disputes live. Talk it through with a lawyer now →

When the split is not 50/50

Departures from equal sharing are deliberately hard. Under s 13, a court can divide unequally only where equal sharing would be "repugnant to justice" because of extraordinary circumstances — a genuinely high bar, not a general fairness discretion. Separately, s 15 lets the court adjust for economic disparity: where one partner's income and living standards after separation are significantly higher because of the division of functions during the relationship (typically one partner's career paused for childcare), the court can award a compensating adjustment.

Relationships shorter than 3 years usually fall outside the equal-sharing regime — division then follows contributions — but a child of the relationship or substantial contributions can bring a short relationship in. Talk it through with a lawyer now →

Contracting out — the New Zealand "prenup"

Couples can opt out of the default rules with a contracting-out agreement under s 21 — before, during, or at the end of a relationship. To be binding, each partner must get independent legal advice and the agreement must be properly witnessed by the lawyers; a court can still set aside an agreement that would cause serious injustice. Done properly, these agreements are the single most effective tool for protecting pre-owned assets, inheritances, or a family business — and they are far cheaper than the dispute they prevent. Talk it through with a lawyer now →

How a division actually happens

Most divisions are agreed, not litigated: full disclosure of assets and debts, a valuation where needed, then a binding settlement recorded properly (with each side legally advised, so it sticks). Where agreement fails, the Family Court decides. Two practical rules do a lot of work. First, never sign anything — a transfer, a settlement, a "quick agreement" — before you understand the equal-sharing baseline you may be giving up. Second, move inside the deadlines: 12 months after a dissolution, generally 3 years after a de facto separation. Talk it through with a lawyer now →

Protecting your position, step by step

Understand the baseline before negotiatingCall 0800 461 100 free, any hour — know what the 50/50 presumption covers in your situation before you discuss numbers with anyone.

Disclose, value, negotiateBoth sides exchange full details of assets and debts; contested values get professional valuations; most cases settle by agreement recorded with legal advice so it binds.

File in time if agreement failsThe Family Court decides contested divisions — but only if you apply within the deadline. A NZ$295 (GST inclusive) consultation with a New Zealand family lawyer, bookable on the call, is the right move before any deadline gets close.

Relationship Property — your questions answered

The house is in my partner's name only. Do I still get half?

If it was the family home of a 3+ year relationship — very likely yes. The family home is relationship property regardless of title, and the equal-sharing presumption applies. Ownership on paper matters far less than people assume.

Does my KiwiSaver get split?

The portion of your KiwiSaver built up during the relationship is relationship property and goes into the pool; what you had before the relationship generally stays separate. Splitting KiwiSaver has its own mechanics — court orders or agreements can direct a transfer between funds.

My ex cheated. Do I get more?

No. The regime is no-fault: conduct like an affair does not change the division. The narrow exceptions are about extraordinary circumstances and economic disparity — not blame.

We were only together two years. Is there anything to divide?

Usually the equal-sharing regime does not apply under 3 years — but exceptions exist where there is a child of the relationship or one partner made substantial contributions, and contribution-based claims can still arise. Don't assume zero without checking.

Can we just agree it ourselves without lawyers?

You can agree — but for the agreement to be binding under the Act, each of you needs independent legal advice and proper certification. An uncertified handshake deal can be reopened later, which defeats the purpose. Get the baseline free on the phone, then paper the deal properly.