Contracting out agreements, or prenuptial agreements provide valuable protection and peace of mind as to what will happen to your assets in the event of a separation.
Contracting Out Agreement Auckland
Protect Your Assets with a Prenuptial Agreement Lawyer
Contracting out agreements, commonly known as prenuptial agreements or prenups, are legal documents between spouses or partners that determine how assets will be divided in the event of separation or death.
A contracting out agreement allows you to opt out of New Zealand’s default equal sharing laws and create terms that suit your specific situation. Whether you’re bringing significant assets into a relationship or want certainty about your financial future, working with an experienced prenuptial agreement lawyer in Auckland provides essential protection.
Why You Need a Prenup Specialist
There are various reasons why couples choose to enter into contracting out agreements with the help of a qualified lawyer, including:
- Protecting pre-relationship assets you’re bringing into a marriage or de facto relationship
- Keeping assets and income separate throughout the relationship
- Achieving financial certainty about what happens if the relationship ends
- Protecting family inheritances or business interests
- Avoiding costly disputes in the event of separation
Without a contracting out agreement, New Zealand law provides for equal sharing of relationship property after three years of living together.
How Sharon Chandra Can Help with Your Contracting Out Agreement
Personalised Agreement Drafting
Tailoring your prenup to cover specific assets or your entire estate, depending on your needs.
Fair Asset Planning
Creating a balanced plan that protects both partners’ interests while ensuring legal compliance.
Independent Legal Advice
Ensuring you fully understand your rights and what you’re agreeing to under NZ law.
Fair Negotiation Support
Guiding sensitive discussions to reach terms that protect both partners.
Proper Legal Certification
Meeting all requirements under the Property (Relationships) Act 1976 to ensure your agreement is enforceable.
Ongoing Reviews
Updating your contracting out agreement as your life circumstances change over time.
Protect your assets with expert legal guidance
Contracting Out Agreement FAQ
You should consider a contracting out agreement if you’re bringing significant assets into a relationship, want to protect family inheritances or business interests, wish to keep assets separate, or want certainty about financial outcomes in the event of separation. Working with a prenuptial agreement lawyer ensures the agreement is valid under the Property (Relationships) Act 1976 and allows couples to opt out of New Zealand’s default equal sharing laws.
A valid contracting out agreement must be signed by both parties, have independent legal advice for each person (separate lawyers required), be certified by both lawyers, and involve fair negotiation. A qualified prenuptial agreement lawyer ensures all these requirements are met, protecting your agreement from future challenges.
Yes. You can create a contracting out agreement at any time during your relationship, including after marriage or entering a de facto relationship. These are sometimes called postnuptial agreements. A prenuptial agreement lawyer can help you draft an agreement that meets all legal requirements, regardless of your current relationship status.
Yes. A contracting out agreement can specifically protect inheritances and family wealth by classifying them as separate property. Without a prenup NZ agreement, inheritances received during a relationship of 3+ years may become relationship property subject to equal division. A prenuptial agreement lawyer can structure your agreement to safeguard family assets.
Without a prenup NZ agreement, New Zealand’s equal sharing laws apply after three years of living together. This means relationship property is divided 50/50, regardless of who earned more. Exceptions include economic disparity claims or significant contribution disparities. A prenuptial agreement lawyer can help you avoid this default outcome.
Ideally before marriage, moving in together, or entering a de facto relationship. However, a prenuptial agreement lawyer can help you create a contracting out agreement at any time during your relationship, including after separation. The earlier you get legal advice, the better protected your assets will be.
Yes. Contracting out agreements need regular reviews as your circumstances change, such as having children, career changes, acquiring new assets, or receiving inheritance. The risk of not reviewing your agreement is that it could be challenged in court. Regular reviews with your prenuptial agreement lawyer ensure it remains robust and enforceable.
Costs vary depending on complexity, but typically range from $1,500 to $5,000+ per person for legal advice and drafting a contracting out agreement Auckland. The investment is worthwhile compared to potential costs of disputed property division, which can exceed $50,000 in court proceedings.
Get Expert Prenuptial Agreement Lawyer Advice in Auckland
Sharon Chandra is an experienced prenuptial agreement lawyer in Auckland who can help you navigate a fair contracting out agreement that protects both partners.
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