Get started with a prenup
A binding New Zealand prenup takes four steps. The first two you do together at the kitchen table; the last one the law requires you to do apart, each with your own lawyer. Done in this order, the process is calm, and the legal fees stay focused on advice rather than negotiation.
1Take stock, separately and honestly
List what you each own and owe with rough values: property, savings, KiwiSaver, vehicles, business and trust interests, student loans and other debts. This becomes the agreement's disclosure schedules, and honest disclosure is what makes the agreement durable.
2Agree the substance together
Decide the big rules as a couple, in plain English: what stays separate, how the home and deposits are treated, what happens to KiwiSaver and income, how debts sit, and what applies on separation and on death. Our guides cover each decision.
3Get it drafted
Turn your decisions into a proper contracting out agreement under section 21 of the Property (Relationships) Act 1976. A free guided drafting tool for this site is on its way; until then, a family lawyer can draft from your agreed outline efficiently.
4Independent advice and certification, one lawyer each
Each of you takes the draft to your own lawyer, who advises you independently, then witnesses your signature and certifies the advice. This step is required by section 21F. Without it the agreement is void; with it, the agreement binds.
Where to go next
- New to all of this? Start with what is a prenup.
- Working through step 2? Use what to include in a prenup as your checklist.
- Budgeting? See how much a prenup costs.
- Wondering why you each need a lawyer? Read section 21F explained.
All information published on prenup.nz is general information only and is not to be construed as legal advice. We strongly recommend seeking independent legal advice about your own situation. A contracting out agreement binds only after each partner receives independent legal advice and a lawyer witnesses and certifies each signature.