Is a prenup the same as a contracting out agreement
Updated 2026-08-09. General information, not legal advice.
Yes, in New Zealand a prenup and a contracting out agreement are the same thing. "Prenup" is the everyday name, borrowed from American usage; "contracting out agreement" is the legal name, because the couple is contracting out of the default rules in the Property (Relationships) Act 1976 under its section 21. Lawyers, banks and courts here will use the legal name, and some also say "section 21 agreement" or "relationship property agreement". They all refer to one instrument.
The naming matters mainly so you search and ask for the right thing: a lawyer quoting you for a "contracting out agreement" is quoting for a prenup.
Why does NZ use a different name?
An American prenup is an agreement made before marriage, and only before. New Zealand law is broader on every axis, so the borrowed word undersells what the local instrument does. Under section 21, an agreement can be signed before or during a relationship, and it is available to married couples, civil union partners and de facto couples alike.
That is why "prenup" (pre-nuptial, before the wedding) is technically too narrow here: the same agreement signed two years into a marriage is sometimes called a postnup, but in NZ law it is simply a contracting out agreement with a later date. See can you get a prenup after marriage.
Are there any real differences to watch for?
One practical difference from overseas prenups is the validity machinery. NZ agreements are void unless each partner takes independent legal advice from a separate lawyer, who witnesses the signature and certifies the advice, under section 21F. Many overseas templates and articles assume nothing like this, which is why imported templates are risky here.
A second difference: NZ agreements routinely cover what happens on death as well as separation, because the Act gives a surviving partner property rights a will alone cannot override.
Which term should you use?
Use whichever is natural. Say "prenup" to your partner and friends; expect "contracting out agreement" in the documents your lawyers produce. On this site the guides use both, because they are one entity in New Zealand law: an agreement under section 21 of the Property (Relationships) Act 1976.
Common questions
- Is a section 21 agreement the same as a prenup?
- Yes. Section 21 of the Property (Relationships) Act 1976 is the provision that lets couples contract out of the Act, so a section 21 agreement, a contracting out agreement and a prenup are three names for the same document in New Zealand.
- Is a relationship property agreement the same thing too?
- Usually. Lawyers sometimes use relationship property agreement loosely for any agreement about a couple's property, including agreements made when separating. In the planning context, before or during a healthy relationship, it refers to the same section 21 contracting out agreement.
- Does a prenup from overseas work in NZ?
- Not automatically. An agreement that does not meet section 21F's requirements, including independent legal advice from NZ lawyers and certification, is void under the Act. Couples moving to NZ with a foreign prenup should have it reviewed and usually replaced with a compliant 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.