prenup.nz

How much does a prenup cost in NZ

Updated 2026-08-09. General information, not legal advice.

Expect a properly completed prenup in New Zealand to cost in the low thousands of dollars for a couple, all in. There are three unavoidable components: drafting the agreement, and then two separate sessions of independent legal advice, one for each partner with their own lawyer, ending in witnessing and certification. The two-lawyer step is a validity requirement under section 21F of the Property (Relationships) Act 1976, not an optional extra, so no honest quote can leave it out.

The exact figure depends on your lawyers' rates and how complicated your property is. Simple positions cost less; trusts, companies and farms cost more.

What drives the cost up or down?

Complexity is the main driver. A couple with a house, two KiwiSavers and some savings needs a short, standard agreement. Add a family trust, a company, overseas property or blended-family arrangements for death provisions, and both the drafting and each advice session take longer.

Disagreement is the hidden driver. If the two of you have already agreed the substance, what stays separate and what is shared, the lawyers are documenting and advising. If negotiation happens through the lawyers, you pay for every round of it.

Why do we each need our own lawyer?

Because without it the agreement is void. Section 21F requires each partner to receive independent advice from a different lawyer before signing, and requires that lawyer to witness the signature and certify that the effect and implications of the agreement were explained. One lawyer cannot act for both partners. This doubles part of the cost, and it is also the best consumer protection in the process: someone whose only job is protecting your interests reads the agreement before you sign. Read how the section 21F advice works.

What should you expect to pay?

Few NZ firms publish fixed prices for contracting out agreements, and quotes genuinely vary between cities, firms and situations. The reliable approach is structural: you are paying for one drafting exercise plus two independent advice and certification sessions, so ask two or three firms to quote those components for your actual asset position. For straightforward situations expect a combined total in the low thousands of dollars; complex structures cost more because the advice takes longer, not because the paperwork changes.

Beware of the cheap path: a template signed at home costs almost nothing and is worth exactly that, because it is void without the advice and certification step.

How do we keep the cost down?

Do the thinking before the lawyers start the clock. List what you each own and owe, with rough values. Agree the big rules together in plain English. Bring documents, ownership records, KiwiSaver balances and trust deeds, to the first meeting. Sign well before a wedding or a move so nothing is rushed. And treat the certification meetings as advice you are paying for anyway: ask questions, because a partner who understood the agreement is also a partner who cannot later say they did not.

Common questions

How much does a prenup cost in NZ?
Budget in the low thousands of dollars for the couple in total, covering drafting plus each partner's independent legal advice and certification. Simple property positions sit at the lower end; trusts, companies and complex assets raise it. Get quotes from two firms for your actual situation.
Can we split one lawyer to save money?
No. Independent advice from separate lawyers for each partner is a validity requirement under section 21F. An agreement advised by one shared lawyer is void, which makes it the most expensive saving available.
Is a prenup worth the cost?
Compare it with the alternative. Without an agreement, the Act generally divides relationship property equally after about three years, and disputes about what counts as relationship property are far more expensive to resolve after a separation than an agreement is to sign before one.
Does the price include updating the agreement later?
Usually not. Reviews after major changes, marriage, children, a business, an inheritance, are separate, smaller pieces of work. Ask your lawyer what a future review would cost when you get your first quote.
Thinking about a prenup?
The right order matters. Agree the big things together first, then each of you gets your own lawyer to advise on and certify the agreement. That second step is what makes it binding.

Sources

All information published on prenup.nz, including this guide, 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 only binds you once each partner has taken independent legal advice and a lawyer has witnessed and certified each signature, as section 21F of the Property (Relationships) Act 1976 requires.