Prenuptial Agreement Lawyers Auckland

Expert legal advice on contracting out agreements to protect your assets and provide certainty.

Prenuptial Agreement Legal Services

Prenuptial agreements (legally known as contracting out agreements in New Zealand) provide certainty and protection for your assets. Our experienced Auckland prenuptial agreement lawyers provide expert guidance to help you create legally binding agreements that protect your financial interests.

Our Prenuptial Agreement Services Include:

Drafting comprehensive prenuptial agreements
Reviewing and advising on proposed agreements
Contracting out agreements for de facto relationships
Postnuptial agreements during marriage or civil union
Protection of business assets and interests
Updating existing agreements after significant life changes

Understanding Prenuptial Agreements in New Zealand

In New Zealand, prenuptial agreements are formally known as "contracting out agreements" under the Property (Relationships) Act 1976. These agreements allow couples to opt out of the default equal-sharing regime and make their own arrangements.

Legal Requirements

For a prenuptial agreement to be legally binding in New Zealand, it must be in writing, signed by both parties, and each party must have received independent legal advice before signing. The agreement must also include certificates signed by the lawyers confirming they explained the effects and implications.

What Can Be Included

Prenuptial agreements can cover the classification and division of property, protection of assets brought into the relationship, business interests, inheritances, and financial provisions. However, they cannot determine child custody or child support arrangements.

When Agreements Can Be Set Aside

A court can set aside a prenuptial agreement if it would cause serious injustice, if proper disclosure of assets wasn't made, or if there was undue influence or duress when the agreement was signed.

Timing and Updates

Ideally, prenuptial agreements should be completed well before marriage or cohabitation begins. They should be reviewed periodically, especially after significant life events, and updated if necessary.

Who Should Consider a Prenuptial Agreement?

Business Owners

Protect your business interests and ensure business continuity regardless of relationship changes.

High Net Worth Individuals

Safeguard significant assets, investments, or wealth accumulated before the relationship.

Those With Children from Previous Relationships

Ensure assets are preserved for children from previous relationships.

Recipients of Inheritances or Gifts

Protect family inheritances, heirlooms, or significant gifts received before or during the relationship.

Property Owners

Clarify arrangements for property owned before the relationship, especially the family home.

Those Entering Second Marriages

Establish clear financial boundaries and protect assets accumulated during your lifetime.

Our Approach to Prenuptial Agreements

Our experienced prenuptial agreement lawyers provide comprehensive support to ensure your agreement is legally binding and effectively protects your interests:

Thorough consultation to understand your specific needs and circumstances
Comprehensive asset disclosure to ensure the agreement is transparent and valid
Clear, precise drafting to minimize the risk of future challenges
Balanced approach that protects your interests while being fair and reasonable
Ongoing support for reviewing and updating agreements as circumstances change

Prenuptial Agreement FAQs

What is a prenuptial agreement in New Zealand?

In New Zealand, a prenuptial agreement is legally called a 'contracting out agreement' or 'Section 21 agreement' (referring to Section 21 of the Property (Relationships) Act 1976). It's a legally binding document that allows couples to opt out of the default equal-sharing regime under the Act and make their own arrangements about how their property will be divided if they separate or one partner dies. These agreements can be made before or during a marriage or civil union, or before or during a de facto relationship.

Are prenuptial agreements legally binding in New Zealand?

Yes, prenuptial agreements (contracting out agreements) are legally binding in New Zealand if they meet specific requirements: they must be in writing, signed by both parties, and each party must have received independent legal advice before signing. The agreement must also include certificates signed by the lawyers confirming they explained the effects and implications of the agreement. However, a court can set aside an agreement if it would cause serious injustice, if proper disclosure wasn't made, or if there was undue influence or duress.

What can be included in a prenuptial agreement?

A New Zealand prenuptial agreement can cover: classification of property as separate or relationship property; how specific assets and debts will be divided upon separation; protection of assets brought into the relationship or received as gifts/inheritances; protection of business interests; financial provision for existing children; arrangements for specific assets like family homes or heirlooms; and spousal maintenance provisions. However, prenuptial agreements cannot determine child custody or child support arrangements, as these must be decided based on circumstances at the time of separation.

When should we get a prenuptial agreement?

Ideally, a prenuptial agreement should be completed well before marriage or cohabitation begins—at least several weeks, preferably months. This timing avoids any appearance of pressure or duress, which could later invalidate the agreement. Last-minute agreements (especially right before a wedding) are more vulnerable to challenge. The agreement should be reviewed periodically, especially after significant life events like the birth of children, substantial inheritance, or major career changes, and updated if necessary.

How much does a prenuptial agreement cost in Auckland?

The cost of a prenuptial agreement in Auckland typically ranges from $2,500 to $5,000+ per person, depending on complexity. Each party must have independent legal representation, so both parties will incur legal fees. Simple agreements with straightforward assets are at the lower end of the range, while complex agreements involving businesses, trusts, or international assets will be more expensive. The investment provides significant protection compared to the potential cost of relationship property disputes, which can run into tens of thousands of dollars.

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