What is a prenuptial agreement and is it enforceable?
  • Home
  • Questions
  • What is a prenuptial agreement and is it enforceable?

What is a prenuptial agreement and is it enforceable?

1 answer

Answer to the question

0
0
0

15.07.2026

We are planning to marry, and I own a business and a house that I would like to protect if the marriage ends. My fiancé is worried that a prenup will feel unromantic. How do these agreements work in New Zealand and will a court respect them?

Site Administration 18.07.2026
reply date: 18.07.2026

In New Zealand, a prenuptial agreement is called a contracting out agreement under section 21 of the Property (Relationships) Act 1976. It can be entered into before or during the relationship. To be enforceable, it must be in writing and signed by both parties, and each party must have received independent legal advice, with the lawyer certifying that they explained the effect and implications of the agreement. Courts can set aside an agreement if giving effect to it would cause serious injustice. It is best to fully disclose assets, avoid signing close to the wedding when pressure may be claimed, and update it as circumstances change. A properly drafted agreement can clarify what is separate property and how relationship property will be divided.

Похожие вопросы

When can we get divorced in New Zealand?

1 answer
25.07.2026
My spouse and I separated recently, and I am ready to move on. A friend told me that I have to wait a long time before I can get a divorce. What is the legal process, and does it matter if my spouse does not agree?
0
0
0

My ex will not let me see my child, what can I do?

1 answer
10.07.2026
Since we separated, my former partner has refused to let me see our four-year-old and says I should wait until things calm down. I am a named parent on the birth certificate. What are my rights and what are the steps to get contact?
0
0
0

Can I stay in our family home after separating?

1 answer
11.07.2026
My partner has left and wants to sell our home quickly, but I have the children living with me and I cannot afford to move. Can I stay in the house, and can my ex force a sale? I would appreciate some clarity on what the law actually requires here.
0
0
0

My partner is hiding assets during our separation

1 answer
15.07.2026
I suspect my husband has moved money and property into a family trust and a company to reduce what I would receive on separation. He has become secretive about finances. What can I do to protect my share?
0
0
0

Can I get legal aid for a family law case?

1 answer
02.07.2026
I cannot afford a lawyer, and my ex has a large amount of savings and can pay for a very expensive lawyer. I fear that I will be at a disadvantage in a Family Court dispute about our children. Is legal aid available for family cases?
0
0
0

What is a Family Court parenting order?

1 answer
16.07.2026
We cannot agree on where our children should live or how holidays should be split, and my lawyer says I may need a parenting order. What does a parenting order actually cover, and how do the judges decide?
0
0
0
Show all