CONTRACTING OUT AGREEMENTS
A contracting out agreement done right protects you for life.
We specialise in contracting out agreements — prenuptial and postnuptial. We don't just draft and certify. We build agreements designed to hold up, whatever the future brings.
WHAT IT IS
What the law says — and what you can change
Under New Zealand law, once you have been in a de facto relationship for three years or once you marry the Property (Relationships) Act 1976 kicks in. By default, most relationship property is divided equally on separation.
A contracting out agreement lets you and your partner decide something different. It's not about distrust. It is about clarity. It is about knowing how your assets would be divided if things don't work out removes a significant source of conflict and expense.
These agreements can be entered into at any stage: before or after marriage, before or after the three-year de facto threshold. The earlier, generally the more straightforward.
THE SPECIALIST DIFFERENCE
We understand how these agreements get challenged — and how to build around it.
Courts can and do set aside agreements that weren't properly explained, weren't fair at the time of signing, or failed to meet the strict requirements of the Act. An agreement that doesn't hold up is worse than no agreement at all.
We advise, not just certify
We don't sign off because parties agree. We advise whether the agreement protects you—and negotiate if it doesn't.
We build for the future
A good agreement anticipates future scenarios. We draft provisions that remain defensible as circumstances change.
Trust & cross-border expertise
Where your situation involves trusts, businesses, or assets in multiple countries, we have specific experience in all three.
We know the case law
We understand the arguments used to challenge these agreements. Our drafting is built to withstand scrutiny.
WHO IT'S FOR
You may need specialist advice if any of these apply.
- You're 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.
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.
Drafting
We draft an agreement tailored to you — not a template.
Negotiation if needed
If the other side proposes changes, we respond in your interest.
Certification
Once both parties are satisfied and independently advised, we certify as required by the Act.
Review
We recommend revisiting every 3–5 years, or whenever circumstances change significantly.
WHAT IT COSTS
Fixed fees. Transparent from the start.
Each package covers a defined scope — what varies is the complexity of your circumstances.
Package 01
Undo the Government Prenup
$2,950 + 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.
Consultation, drafting, changes, disclosure attendances, and certification.
Package 02
Protect What You've Built
$4,500 + GST
Where your situation is more complex — multiple investment properties, company shareholdings, or significant trust interests — and negotiation is required
Everything above, at a more involved level with multiple rounds of negotiation.
Package 03
The Legacy Agreement
From $8,500 + GST
High-value or high-complexity situations — established relationships, significant asset bases, and prolonged negotiation. Scope confirmed after consultation.
Bespoke and fully personalised.
Not sure which applies? Book an initial consultation ($600 + GST) — credited toward your package if you proceed.
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.
