The legal framework
The Property (Relationships) Act 1976, substantially amended in 2001, applies to marriages, civil unions and de facto relationships alike. After three years, relationship property — including the family home whoever bought it — is presumed to be divided equally. Civil unions remain available to all couples.
Key points
| Threshold | Three years of a de facto relationship; shorter where there is a child or substantial contributions |
|---|---|
| Equal sharing | Presumed for relationship property, including the family home and family chattels |
| Separate property | Inheritances and gifts may stay separate if not intermingled |
| Contracting out | Written agreement with independent legal advice for each party |
| Economic disparity | Compensation available where one partner's earning capacity was reduced |
| Death | The survivor chooses between claiming under the Act or taking under the will |
| Three years | De facto relationships of three years fall under equal sharing |
| Short relationships | Under three years, only limited claims, mainly where there is a child |
In practice
- Contract out before the three-year point if you want a different outcome — afterwards it is harder and costlier.
- Keep inherited assets separate and documented if you want them excluded.
- Make wills and take advice on how the Act interacts with them.
- Time limits apply after separation and after death.
- Contract out before the three-year mark if you want to keep property separate.
- On a partner's death, take advice quickly: the election between the Act and the will is time-limited.
Cost and coverage
Contracting-out agreements require independent advice for both parties, typically costing over a thousand dollars each.
Recent changes
Because the regime applies automatically, New Zealand's biggest practical issue is people discovering the three-year rule only when the relationship ends.
Where to go
- Community Law Centres for free advice.
- New Zealand Law Society for referrals.
- Family Court for applications.
Worth knowing
Three years passes quickly, and the family home is the asset most affected: a house bought by one partner before the relationship can become shareable once it is the family home. Equal sharing applies automatically after three years. Many people are inside the regime without any deliberate decision having been made.
Official sources and links
- govt.nz — official government information
- New Zealand Legislation — acts and regulations