Property Division Lawyers Auckland

Expert legal representation for fair division of relationship property and assets.

Property Division Legal Services

Dividing property after a relationship ends can be complex and contentious. Our experienced Auckland property division lawyers provide expert guidance to help you achieve a fair division of assets while protecting your financial interests.

Our Property Division Services Include:

Advice on relationship property rights and entitlements
Negotiation of property settlements
Division of complex assets including businesses and investments
Handling of trust property in relationship breakdowns
Drafting and reviewing relationship property agreements
Representation in Family Court proceedings

Property Division in New Zealand

In New Zealand, the Property (Relationships) Act 1976 governs how property is divided when relationships end. Understanding these laws is crucial to protecting your financial interests.

Equal Sharing Principle

The general rule is that relationship property is divided equally (50/50) between partners when they separate. This applies to marriages, civil unions, and de facto relationships of three years or more.

Relationship vs. Separate Property

Relationship property typically includes the family home, household items, and assets acquired during the relationship. Separate property (acquired before the relationship or by inheritance/gift) usually remains with the original owner.

Exceptions to Equal Sharing

In certain circumstances, the court may order unequal division of relationship property, such as in short-term relationships (less than three years), extraordinary circumstances, or economic disparity cases.

Contracting Out Agreements

Couples can make their own agreements about property division (prenuptial or contracting out agreements) that override the default rules, provided certain legal requirements are met.

Complex Property Matters

Our lawyers have particular expertise in handling complex property matters, including:

Business Assets

We help value and divide business interests, ensuring fair treatment of business assets in property settlements.

Trust Property

We navigate the complex intersection of trust law and relationship property, addressing assets held in trusts.

High-Value Assets

We handle high-net-worth cases involving substantial assets, investments, and property portfolios.

International Property

We address the complexities of property located overseas and cross-border relationship property issues.

Our Approach to Property Division

We take a strategic and practical approach to property division matters:

Thorough assessment of your property rights and entitlements under New Zealand law
Strategic negotiation to achieve favorable settlements without unnecessary litigation
Collaboration with financial experts for accurate valuation of complex assets
Strong advocacy in court when litigation is necessary to protect your interests

Property Division FAQs

How is property divided after separation in New Zealand?

In New Zealand, the Property (Relationships) Act 1976 governs property division after separation. The general rule is that relationship property is divided equally (50/50) between partners. Relationship property typically includes the family home, household items, vehicles, and financial assets acquired during the relationship. However, separate property (acquired before the relationship or by inheritance/gift) usually remains with the original owner unless it has become intermingled with relationship property.

What is considered relationship property in New Zealand?

Relationship property in New Zealand generally includes: the family home and household items (regardless of when acquired), property acquired during the relationship, income earned during the relationship, increases in value of relationship property, and any property acquired for common use or benefit. It can also include superannuation schemes, business interests, and debts incurred during the relationship. Separate property can become relationship property if it's been intermingled or used for family purposes.

Are there exceptions to the equal sharing rule?

Yes, there are exceptions to the equal sharing rule in New Zealand. The court may order unequal division if: there are extraordinary circumstances that make equal sharing repugnant to justice, the relationship was less than three years (short-term relationships), one partner has made extraordinary contributions to the relationship, or there is an economic disparity between partners due to division of functions during the relationship. Each case is assessed on its specific circumstances.

How are trusts handled in property division?

Trusts can complicate property division in New Zealand. While trust assets are technically not owned by either partner, courts have several mechanisms to address trust property: they can find the trust is a sham or alter-ego of one partner, use provisions of the Property (Relationships) Act to compensate a disadvantaged partner, or apply the Family Proceedings Act to adjust financial resources. The court may also consider contributions to trust property or whether the trust was established to defeat relationship property claims.

Can we make our own agreement about property division?

Yes, couples in New Zealand can make their own agreements about property division, either before or during their relationship (prenuptial/contracting out agreements) or when separating (separation agreements). For these agreements to be legally binding, they must be in writing, signed by both parties, and each party must have received independent legal advice before signing. The agreement can be set aside if it would cause serious injustice, if proper disclosure wasn't made, or if there was undue influence or duress.

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