Relationship Property

Brintyn Smith leads a team of Auckland based relationship property lawyers.

Whether you are starting a new relationship or going through a separation, it is important to know your rights when it comes to protecting or fairly dividing your relationship property.

We accept instructions both in and out of Court for relationship property matters. We can assist in the following ways:

Contracting Out or Prenuptial Agreements

A section 21 contracting out or prenuptial agreement allows couples to contract out of the Property (Relationships) Act 1976 (“PRA”). The agreements specify how your assets will be owned and/or divided in the event of a separation. The agreements provide clarity, ensure fair expectations, and can help prevent future disputes should the relationship end. We recommend consulting with an experienced family lawyer to ensure the agreement is fair, legally enforceable, and suitable for your needs. 

Separation Agreements

A section 21A separation agreement allows couples to classify and to divide their relationship property under the PRA. We can also assist with drafting a section 21A separation agreement. Like with prenuptial agreements, these agreements also permit separated couples to classify and to divide their relationship property by agreement.

Collaborative Law and Mediation

Brintyn Smith is an Accredited Collaborative Lawyer and Mediator. Relationship property negotiations and disputes are often positively negotiated through these alternative dispute resolution methods. 

Court Representation

While we always aim to resolve relationship property disputes amicably and outside of Court, we are well-equipped to litigate when necessary. Our goal is to assist clients in achieving fair and equitable settlements, ensuring their rights are protected as they move forward in their lives.