Prenups and Contracting Out Agreements in NZ
In New Zealand, what most people call a prenup is a contracting out agreement under section 21 of the Property (Relationships) Act 1976. It lets you and your partner decide how your property will be divided if you separate, instead of the Act's general rule that relationship property is shared 50/50.
This guide explains when couples use one, what it needs to be valid, what it can cover, and when a court can still set it aside.
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What Is a Contracting Out Agreement?
A contracting out agreement (also called a section 21 agreement or prenup) is a written agreement between partners that sets out how some or all of their property will be divided if they separate. Where it applies, it replaces the Act's rules, including equal sharing.
You can make one before or during a relationship. Couples can also make an agreement after they separate to settle how their property is divided.
When Couples Consider One
An agreement is worth discussing when one of you brings significantly more into the relationship, or wants certain property to stay separate. Common reasons:
- one of you already owns a home that will become the family home (the family home is usually shared even if one partner owned it first)
- a family farm, business or trust interest
- an expected inheritance you want to keep separate
- children from a previous relationship you want to provide for
- a second relationship later in life
What Makes a Prenup Valid
Warning: An agreement that doesn't meet these requirements may not be enforced, and the Act's 50/50 rules would apply instead. There is an optional model form in the regulations, but it's also void unless each of you has independent legal advice before signing.
For the agreement to be valid:
Step 1
It's in writing
A verbal agreement or an informal note doesn't count.
Step 2
You both sign it
Each partner signs the agreement.
Step 3
Each of you gets independent legal advice
From a different lawyer, before signing. One lawyer can't advise you both.
Step 4
Your lawyers certify it
The lawyer who witnesses your signature certifies that they explained what the agreement means for you.
Want to put a prenup in place?
Tell us what you'd like to protect and we'll match you with a family law firm. Your partner will need their own lawyer too.
When a Court Can Set It Aside
Even a valid agreement isn't untouchable. The court can set it aside if giving effect to it would cause serious injustice. That's a high bar. The court can consider things like how long ago the agreement was made and whether circumstances have changed since, for example if children have been born.
For that reason, it's sensible to review your agreement after big life changes, such as having children, buying a home or receiving an inheritance. A change to the agreement needs the same formalities: in writing, signed, with independent legal advice for each of you.
How to Get a Prenup
Talk about it early and openly with your partner. Agree in principle what you want to protect, then each see your own lawyer. Typically one lawyer drafts the agreement, the other reviews it and advises their client, and any changes are negotiated between them.
Fees vary between firms, and you'll each pay your own lawyer, so ask for a quote or fixed fee up front.
Top-rated Family Law Law Firms
Tell us your situation and we'll match you with the right family law lawyer — free. Here are our top-rated verified firms in New Zealand.
Henderson Reeves
Wynyard Wood
Weston Ward & Lascelles
Aspiring Law
BMC Lawyers Limited
French Burt Partners
Frequently Asked Questions
Are prenups legally binding in New Zealand?
Yes, if they meet the requirements of the Property (Relationships) Act: in writing, signed by both partners, with each getting independent legal advice from a different lawyer who certifies it. A court can still set one aside if it would cause serious injustice.
Do we need separate lawyers?
Yes. Each partner must get independent legal advice from a different lawyer before signing.
Do de facto couples need a prenup?
The Act usually applies to de facto couples once they've lived together for three years, so a contracting out agreement is just as relevant if you're not married. Many couples sign one before moving in together.
Can we make an agreement after we've separated?
Yes. Couples can make an agreement after separating to settle how their property is divided. The same requirements apply, including independent legal advice for each of you.
Can I use a template or do it myself?
There's an optional model form in the regulations, but the agreement still isn't valid unless each of you gets independent legal advice from your own lawyer before signing.
You don't need all the answers
Family Law issues can feel overwhelming — especially when you're facing deadlines. Sharing a few details about your situation is enough for a lawyer to understand the context and guide you through the next steps.
Get Help With Your Prenup
Tell us about your situation: whether you're moving in together or getting married, what you want to protect (a house, business, farm or inheritance), and whether your partner already has a lawyer. We match you with a family law firm that drafts and advises on contracting out agreements.