Prenups in New Zealand
A prenup in New Zealand is a contracting out agreement under section 21 of the Property (Relationships) Act 1976. It lets you and your partner choose your own property rules instead of the Act's default, which generally divides relationship property 50/50 once a marriage, civil union or de facto relationship reaches about three years. It works for couples getting married and for couples moving in together, and you can sign one before or during the relationship.
To be binding, the agreement must be in writing and signed, and each of you must get advice from your own lawyer, who witnesses your signature and certifies that they explained what the agreement does. That is a legal requirement under section 21F, not a formality, and it is what stops a prenup being challenged later.
This site explains the whole process in plain English, written for couples planning a future together and ringfencing what they bring, not for couples separating.
Understand the agreement
What a prenup is in New Zealand, what it is called in law and how the pieces fit.
- What is a prenupA prenup in NZ is a contracting out agreement under the Property (Relationships) Act 1976. What it does, who needs one and how it becomes binding.
- Contracting out agreements in New ZealandA contracting out agreement lets a couple choose their own property rules instead of the Act's 50/50 default. Requirements, timing and how to get one.
- Is a prenup the same as a contracting out agreementYes. In New Zealand a prenup is a contracting out agreement under section 21 of the Property (Relationships) Act 1976. The names and the differences explained.
- What to include in a prenupWhat a NZ contracting out agreement should cover, from the family home and KiwiSaver to businesses, trusts, debts and what happens on separation or death.
Cost, templates and practicalities
What it costs, why templates alone are not binding, and how long an agreement lasts.
- How much does a prenup cost in NZWhat a contracting out agreement costs in New Zealand, what drives the fee, why both partners need their own lawyer, and how to keep the cost down.
- Prenup templates in NZ and why they are not enoughA prenup template is a starting point, not a binding agreement. NZ law requires independent legal advice and lawyer certification before it has any effect.
- How long does a prenup last in NZA contracting out agreement does not expire, but it can be reviewed, replaced or set aside. When to update yours and what makes an old agreement risky.
- Can a prenup be overturned in NZA NZ court can set aside a contracting out agreement if it would cause serious injustice, and void agreements that miss the formal requirements. The rules explained.
Your situation
Already married, living together, assets in a trust, or thinking about your will.
- Prenups for de facto couplesAfter about three years living together the Act's equal sharing rules apply to de facto couples. How a contracting out agreement sets your own rules first.
- Can you get a prenup after marriageYes. NZ law lets couples sign a contracting out agreement before or during a marriage, civil union or de facto relationship. How a postnup works here.
- Prenups and family trustsHow a contracting out agreement and a family trust work together in NZ, what a trust does and does not protect, and why many couples need both.
- Prenups, wills and what happens when a partner diesA NZ contracting out agreement can also govern property when a partner dies. How it interacts with your will and the surviving partner's choices under the Act.
Living together (de facto)
The status that arrives from the way you live, and the clock it starts.
- What is a de facto relationship in NZTwo people living together as a couple. What de facto means in NZ law, the section 2D factors courts weigh, and why it matters for your property.
- The three year rule for de facto couplesAfter about three years of de facto relationship the Act's equal sharing rules generally apply. How the threshold works, and no, it is not two years.
- Is there common law marriage in NZNo. New Zealand law has no common law marriage. What we have is the de facto relationship, and after about three years it carries real property consequences.
- Can you be de facto without living togetherSometimes, yes. NZ courts look at the whole relationship, not just the lease. When a couple who keep separate homes can still be de facto under the Act.
- How a de facto relationship is provedThe evidence that shows two people were living together as a couple: shared home, finances, commitment, children, and how others saw the relationship.
- Moving in together in NZ, the property talkMoving in starts a clock most couples never notice. What living together means for your property under NZ law and the one conversation to have first.
- Buying a house together with unequal depositsUnequal deposits are normal; unprotected ones cause the worst disputes. How NZ couples ringfence contributions when buying a first home together.
- Is KiwiSaver relationship propertyThe part of KiwiSaver contributed and earned during the relationship generally is. What stays separate and how couples set their own KiwiSaver rules.
- Is an inheritance relationship property in NZNot at first. Inheritances are separate property until they are mixed with shared finances. How to keep an inheritance separate, or agree your own rule.
The law behind it
The Property (Relationships) Act 1976 in plain English, section by section.
- The Property (Relationships) Act 1976 explainedNZ's relationship property law in plain English. Who the Act covers, the 50/50 equal sharing rule, when it applies and how couples can contract out of it.
- What counts as relationship property in NZThe family home, KiwiSaver, income and more. What is relationship property, what stays separate property, and how the two can mix without an agreement.
- Section 21F and why each partner needs their own lawyerA contracting out agreement is void unless each partner gets independent legal advice and a lawyer witnesses and certifies each signature. What s21F requires.
- Section 21J and when a court sets an agreement asideA NZ court can set aside a contracting out agreement that would cause serious injustice. What section 21J means and how to draft an agreement that holds.
- Changes to the Property (Relationships) ActThe Law Commission recommended replacing the Property (Relationships) Act 1976. What was proposed, what has changed and what it means for existing prenups.
Common questions
- Are prenups legally binding in NZ?
- Yes, if done properly. A contracting out agreement binds both partners when it is in writing, signed, and each partner received independent legal advice from their own lawyer, who witnessed the signature and certified that they explained the agreement's effect and implications. A court can still set an agreement aside if enforcing it would cause serious injustice.
- Do de facto couples need a prenup?
- Often more than married couples realise. Once a de facto relationship reaches about three years, the Property (Relationships) Act's equal sharing rules generally apply, including to the family home. A contracting out agreement is how a de facto couple sets its own rules instead.
- How much does a prenup cost in New Zealand?
- Costs vary with complexity and with each lawyer's rates, and both partners need their own lawyer for the agreement to be valid. Budget for drafting plus two sets of independent legal advice and certification. Our cost guide breaks down what drives the fee.
- Can we write our own prenup?
- You can draft the terms together, and that groundwork saves legal fees. But a self-signed document has no effect under the Act. It becomes binding only after each partner takes independent legal advice and a lawyer witnesses and certifies each signature.