Separation is stressful, and money and property questions add to the pressure. In New Zealand, most disputes about property between partners are decided under the Property (Relationships) Act 1976.

Who is covered?

The Act applies to marriages, civil unions and de facto relationships. The general rule of equal sharing applies to relationships of three years or longer. For shorter relationships, different rules apply, with exceptions where there is a child of the relationship or where serious injustice would otherwise result.

What is relationship property?

  • The family home and family chattels, even if owned by one partner before the relationship.
  • Assets acquired during the relationship, even if in only one name.
  • Income and earnings during the relationship, and in some cases the increase in value of separate property.

What is separate property?

Generally, property owned before the relationship, inheritances and gifts. However, separate property can become relationship property if it is mixed with relationship assets or used in a way that blurs the line.

Trusts and companies

The Act gives the Family Court powers to look at trusts and certain transactions that may defeat a partner's claims. A trust does not automatically put assets out of reach.

Agreements

Partners can agree how property is divided, either before or after separation. For an agreement to be enforceable, each partner must generally have independent legal advice and the agreement must be signed in the correct form.

Is the law changing?

The Law Commission has recommended replacing the Act, including a different approach to the family home and to spousal maintenance. The Government has acknowledged this work but has indicated that reform will take years. For now, the current Act applies.

First steps

  • List your assets, debts and the history of how they were acquired.
  • Do not transfer or sell major assets without advice.
  • Get legal advice early, before agreeing to anything.

We offer clear and compassionate advice and will help you reach a fair outcome.

Last reviewed October 2026. General information only, not legal advice.