Prenup templates in NZ and why they are not enough
Updated 2026-08-09. General information, not legal advice.
A prenup template can be a useful way to organise your thinking, but in New Zealand a template on its own is never a binding agreement. Under section 21F of the Property (Relationships) Act 1976, a contracting out agreement is void unless each partner received independent legal advice from their own lawyer, who witnessed the signature and certified that they explained the agreement's effect. A template downloaded, filled in and signed at the kitchen table fails those requirements completely, no matter how well it is drafted.
The right way to use a template is as preparation: agree the substance together, then have it turned into a compliant agreement and certified.
Why is a signed template void in NZ?
Parliament made the formalities strict on purpose. A contracting out agreement removes rights the Act would otherwise give each partner, so the law requires proof that both people understood what they gave up, which is what the independent advice and certification step provides. Without the certificates, there is no valid agreement, and the Act's default equal sharing rules apply as if nothing was signed.
This catches out couples using overseas template sites, because most are written for jurisdictions with no equivalent of section 21F. See how NZ agreements differ from overseas prenups.
What is a template actually good for?
Structure. A good template shows you the decisions an agreement records: what each partner owns now, what stays separate, how the family home is treated, what happens to KiwiSaver, income and savings, how debts are handled, and what applies on separation or death. Working through those headings together, before any lawyer is involved, is the single best way to reduce the cost of the finished agreement.
Use our what to include in a prenup checklist as that scaffold. A free guided drafting tool for this site is planned; it will produce a proper draft for the two of you to take into the certification step.
From filled-in template to binding agreement
The path is short: each of you takes the draft to your own lawyer; the lawyers check the drafting, advise each of you separately on effect and implications, adjust anything that is unclear or unfair, then witness your signatures and sign the section 21F certificates. From that point the agreement binds. Skipping the step does not make a cheaper agreement, it makes no agreement.
Common questions
- Is there a free prenup template for NZ?
- Free templates exist, but none of them create a binding agreement on their own, because validity in NZ depends on each partner receiving independent legal advice and lawyer certification under section 21F. Use a template to prepare, then have it certified properly.
- Can we write our own prenup and have lawyers just sign it off?
- Broadly yes, and it is the cost-effective route. You agree the substance and bring a draft; each lawyer advises their client independently, fixes any drafting problems, then witnesses and certifies. The advice must be real, so expect genuine review, not a rubber stamp.
- What happens if we only ever sign a template?
- Legally, almost nothing. The document is void as a contracting out agreement, and the Act's default rules divide your property as if it never existed. At best it may later be evidence of what you both intended, which is a poor substitute for a valid agreement.
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.