Separation and Relationship Property

When relationships change — we'll help you find a fair way through

Relationships don't always go to plan, and even the ones that do work need a little legal forethought. Whether you're moving in together, separating after years, or somewhere in between, we'll help you understand where you stand, what your options are, and how to reach a fair outcome, ideally without ever seeing the inside of a courtroom.

This is sensitive work, and we treat it that way. We're calm, practical, and firmly on your side.

Moving in together, or thinking about it?

If you're in (or about to start) a de facto relationship, the Property (Relationships) Act 1976 affects how your shared and separate assets will be treated if things change later. Once you've been together for three years (sometimes sooner, depending on circumstances), the default rule is that relationship property is divided equally if you separate, regardless of who paid for what along the way.

A Relationship Property Agreement (sometimes called a "contracting-out agreement", or informally a "pre-nup") lets you and your partner agree on a different arrangement up front. It's a sensible step in lots of situations — when one of you owns a home already, when family money or an inheritance is involved, when one of you has children from a previous relationship, or simply when you'd both like clarity.

We help with:

  • Working out whether you're in a de facto relationship under the Act

  • Preparing a Relationship Property Agreement that fits your situation

  • Reviewing or updating an existing agreement

  • Family trust structures, where a trust forms part of your planning

  • Advising the partner on the other side of an agreement — each party must have independent legal advice for an RPA to be enforceable

Separating from a partner or spouse

Separation is one of the most stressful experiences most of us will go through. We'll help you take some of the legal weight off — explaining your rights and obligations clearly, helping you reach an agreement with your former partner where possible, and making sure the outcome is fair under the Act.

We help with:

  • Understanding your position — what counts as relationship property, what doesn't, and what each of you is entitled to

  • The family home — sale, transfer, or one party buying the other out

  • KiwiSaver, investments, and shares

  • Family trusts — including claims against trusts that may hold relationship property

  • Businesses and farms — including valuation and structuring questions

  • Family loans and overseas assets

  • Spousal maintenance — short-term financial support after separation

  • Negotiated settlements — by far the most common path, and almost always the best

We work hard to keep matters out of court wherever possible. Court is slow, expensive, and emotionally difficult — and the outcomes are rarely better than what could have been agreed.

What we don't take on

Our family work is focused on relationship property and separation. We don't currently take on wider family law matters such as care of children disputes, parenting orders, or guardianship applications. If you need help with those, we're happy to point you in the direction of a family lawyer who does.

Why clients choose Dawsons for relationship property work

  • A calm, practical approach. We focus on outcomes, not conflict. Most of our clients reach agreement without ever filing a court application.

  • A team built around this work. Claire Endean (Director) leads our relationship property work, with Sammie Harris alongside her on every matter — so you have continuity and depth from start to finish.

  • Plain English, every time. The Act, the trust questions, the court process — all explained in language that makes sense.

  • Discreet and respectful. We understand the personal nature of this work and treat every client with the privacy they deserve.

Ready to chat?

If you'd like to know where you stand, talk through a Relationship Property Agreement, or just understand your options — get in touch. The first conversation is free and confidential.

Contact us now

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Dawsons Lawyers is the trading name of the incorporated law firm Dawsons Lawyers Limited, a limited liability company registered in New Zealand (incorporation number 8125116)

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