The agreement has to fit a life you haven't lived yet.

We specialise in contracting out agreements, prenuptial and postnuptial.  You can expect extensive advice that is intended to protect your agreement from being challenged in the future, and an agreement that covers the changes we can see coming: property bought later, assets that grow, periods of financial dependence on the other, children, a marriage that follows.

YOU ALREADY HAVE A PRENUP

In New Zealand, you already have a prenup

You may not have signed one, but you have one. Parliament wrote it in 1976. The moment you have lived together for three years, or the day you marry, the Property (Relationships) Act 1976 applies to you by default and divides most of what you own equally if the relationship ends.


So the choice was never prenup or no prenup. The choice is whose terms apply, the government's standard formula or an agreement you and your partner decide together.


It is not unromantic to have difficult conversations and negotiate a fair predictable outcome

A contracting out agreement is not one person shielding themselves from the other. It is both of you choosing certainty together, while you still like each other. Without one, if the relationship ends, you both lose: you both hand control to a default formula or a judge, you both pay for the fight, and you both lose months to it. A well-drafted agreement can also provide for the partner with less, and spare them a contested case at the worst possible time. It is not protection from each other. It is protection for both of you.


It matters on death, too

Separation is only half the picture. If your partner dies first, their estate or their family can bring a relationship property claim at the hardest time of your life, and you could face paying out the estate or selling your home just when finances are tightest. If you die first, an agreement helps ensure the assets you have built pass to your children rather than into a property dispute. Agreements need to be drafted with both scenarios in mind.


Statistics to lean on

Research out of the University of Otago found that only about 10% of separated New Zealanders had a formal contracting out agreement, and 72% had never even discussed one. Of those who went through a split without an agreement, more than half said they would never do it again without an agreement in place. 


Prenups and Longevity of your Relationship

Most relationship property lawyer will tell you that couples who have a prenup are less likely to separate in the future compared to those who did not enter into a prenup at the beginning stages of their relationship. And if they do separate, their separation is straightforward  because everything has already been pre agreed at the moment when they were still in love.  Entering into a prenup involves difficult conversations about the future that people often delay and only engage into when they no longer can be avoided. Carrying concerns about the unpredictable future if your assets can also affect a relationship with your partner negatively. Perhaps having difficult conversations at the beginning is what all relationships need. 

PRENUP MISCONCEPTIONS

The three things people worry about, answered.

Courts can and do set aside agreements that weren't properly explained, weren't fair at the time of signing or became unfair with time as circumstances changes, or failed to meet the strict requirements of the Act. An agreement that doesn't hold up is worse than no agreement at all.

"They will think I don't trust them."

The couples who can talk openly about money before they commit to each other tend to be the ones with the strongest foundations. Raising an agreement is not a sign of doubt. It is a sign you can handle hard things together, and decide them while you are calm and in love rather than in a crisis.

"It is only for the wealthy, I don't earn enough."

"I don't earn enough" may be the exact reason why you need one. Stepping back from a career or reducing hours to support growing family, doing unpaid work for a family business are the situations where you need to consider a prenup for your protection. 

"It means we are planning to divorce."

Think about it as the seatbelt you wear without planning to crash.  Deciding how things would be handled if the worst happened is not the same as expecting it, and it does not make it more likely. What it does is take one large uncertainty off the table, together, in advance.

THE HARD PART

How to raise it with your partner.

For most people the obstacle is not doubt about the value. It is dread of the conversation. A few things make it easier.

Focus on the mutual protection

The agreement covers both of you, and can protect the partner with less as much as the one with more. In providing certainty, both known what they will walk away with in the event of separation or death, instead of having a day in court.

Raise it early, not the week before the wedding or property purchase

Time removes the pressure, and it also removes one of the main reasons agreements get set aside later. There is never a perfect moment, but earlier is always better than later.

Let the certainty be the point

You are both deciding, together and in advance, how you would handle something difficult. Couples often say the conversation brought them closer, because it proved they could have it.

LONGEVITY OF YOUR AGREEMENT

Why agreements get set aside, and how we draft around it.

Courts can, and do, set agreements aside, and the grounds are well established.

Inadequate independent advice

Both parties must receive genuine, substantive independent legal advice before signing. Each side needs its own lawyer.

Rushed signing

Agreements signed under time pressure, especially shortly before a wedding, are vulnerable to claims of duress. We manage the timetable so the process is unhurried and the record shows it.

Incomplete disclosure

Hidden or understated assets are one of the most common lines of attack. We prepare full disclosure schedules for both parties, so nothing surfaces later.

Unfairness at signing

An agreement that was seriously unjust when it was signed will not survive scrutiny. We advise you on where that line sits, and we negotiate if what is on the table does not protect you.

Changed circumstances, the quiet one

An agreement that was fair at signing can become seriously unjust years later, after children, a long marriage, or major changes in your assets. This is where most old agreements fail. It is why we draft to anticipate change, and remind clients to check their agreement as life moves.

Trust assets are not automatically safe

Putting property in a trust does not, by itself, protect it from a relationship property claim. The Act and the courts have several routes to trust assets. If your wealth is held in trusts or companies, the agreement must be drafted around that reality. This is a core area of our expertise.

BUILT WITH THE INTENTION TO STAY VALID

Future proofing your agreement

The biggest threat to a contracting out agreement comes years after it is signed. Life changes: you marry, children arrive, property is bought and sold, a business grows. Unless the agreement ring fenced a certain asset only (such as a deposit contributed by you to a property purchase), an agreement drafted as a snapshot of the day it was signed slowly stops fitting your life.


We draft differently. Our agreements anticipate change: how future property will be treated, how growth in your assets is dealt with, what happens on marriage or the arrival of children. As life carries on, the agreement should continue working.

01

Drafted for what's next

Provisions covering future property, asset growth, marriage, and children are built in from day one, so most changes in your circumstances are already provided for. If your intention is to ring fence one asset only, we prepare a bespoke agreement that does just that, without attempts to make all your other assets separate as is often the case with template type agreement, which in turn leaves an unpleasant dent in your relationship (because it came as a surprise to your partner who was expecting to protect you in respect of one asset only, not all your future income and other assets).

02

Scheduled check-ins

We diarise a check-in every three to five years and contact you when it falls due.  Most check-ins confirm the agreement is still doing its job.

03

Fixed-fee reviews

Where a genuinely major change does call for an update, it is a defined piece of work at a fixed fee.

WHO IT'S FOR

You may need specialist advice if any of these apply.

People do this more often than you would think: business owners, second marriages, blended families, people marrying later with assets, people with an inheritance coming. If any of the following sound like you, you are in good company.

  • You are entering a relationship with significantly different assets or income
  • You own property, shares in a business, or interests in a trust
  • You've received or expect to receive an inheritance
  • One or both of you have children from a previous relationship
  • You're approaching the three-year de facto threshold without an agreement
  • You're already married and want to document what's separate property
  • You have assets in more than one country

HOW IT WORKS

A structured process, because by law it has to be.

We guide you through every step, and we explain why each one matters, because each step is also what makes the agreement defensible.

Initial consultation

We understand your situation, explain your rights under the Act, and assess the complexity of your agreement.

Advice and strategy

We advise on what a fair and defensible agreement looks like for your circumstances, including trusts, businesses, or overseas assets.

Disclosure

We prepare full disclosure schedules for both parties. Complete disclosure is one of the pillars the agreement stands on.

Drafting

We draft an agreement tailored to your circumstances, with provisions that anticipate how your life and assets will change.

Negotiation if needed

If the other side's lawyer proposes changes, we respond in your interest.

Certification

Once both parties are satisfied and independently advised, we certify as required by the Act.

Ongoing reviews

We diarise your review dates and contact you when they fall due, or whenever you tell us circumstances have changed. Reviews are done on a fixed fee.

WHAT IT COSTS

Defined scope. Fixed fees.

Each package covers a defined scope. What varies is the complexity of your circumstances.

Package 01

Undo the Government Prenup

$2,750 + GST

For couples early in their relationship who want to opt out of the default equal-split regime, protecting unequal deposits, inheritances, or trust interests. Typical timeframe: 4 to 6 weeks.


Consultation, drafting, changes, disclosure attendances, certification, and scheduled check-ins.

Package 02

Protect What You Have Built

$4,950 + GST

Most clients: in a relationship over three years, existing property portfolios, a business, a trust, or a wealth imbalance.  Requires negotiation of terms. Typical timeframe: 2 to 3 months.


Everything above, at a more involved level with multiple rounds of negotiation, plus one free review on a change of circumstances.

Package 03

The Legacy Agreement

From $9,450 + GST

High-value or high-risk situations. High risk to clients and advisors. Generally involves extended negotiations and coordination on valuations & advice from accountants. Scope confirmed after consultation.


Bespoke and fully personalised.

ONGOING

Agreement Review

From $2,000 + GST

For existing agreements: a scheduled review, or a review when your circumstances change. We assess whether the agreement still protects you, and advice if changes are required.


One scheduled review is included with Protect What You Have Built.

Not sure which applies? Book an initial consultation ($600 + GST), the cost if which is credited toward your package.

CLIENT EXPERIENCE

"Polina identified all the potential risks and engaged in extensive negotiations with my partner's lawyer for months until we reached an agreement that truly worked in my favour. Despite the other lawyer's focus on my partner's interests, Polina anticipated every detail and successfully secured key confirmations from the other side, which was no small feat. I have complete confidence in Polina for all legal matters related to property relations agreements and consider her an absolute weapon."


— Olga Safonova

RESOURCES

Read before you book.

Free guide: Contracting Out Agreement Checklist

What to prepare, what to expect, and how to get the most from your first meeting.


Article: Prenup Power — 5 Reasons Why You Need a Contracting Out Agreement

A plain-English guide to why these agreements matter and who they're for.


Article: The NZ Relationship Property Act — Defining Your Assets, Rights, and Future

Understand what the Act means for you — and what a contracting out agreement changes.


Podcast: Polina Kozlova's Guide to Estate Protection

Contracting out agreements, blended family considerations, and estate planning.

The right time to do this is before you need it.

A 15-minute call costs nothing. We'll tell you what applies to your situation and whether we're the right fit, no obligation.