Relationship property settlement under the Property (Relationships) Act 1976

Yes — but only if the couple has been in a qualifying de facto relationship for at least 3 years, as defined in section 2D of the Act. The 3-year clock counts the period the couple lived together as a couple. Short de facto relationships under 3 years are governed by section 14A — the Court can still divide property but on the basis of contributions, not the equal-sharing presumption. Section 2D lists 9 factors the Court considers when deciding whether a de facto relationship existed: common residence, sexual relationship, financial interdependence, ownership of property, mutual commitment, care and support of children, performance of household duties, reputation, and public presentation. The Court weighs these factors together.

The family home is always relationship property under section 8(1)(a) of the Act regardless of who is on the title or who paid the mortgage — that is the starting point. The equal-sharing presumption in section 11 then applies to all relationship property including the home. The presumption can be displaced in narrow circumstances: section 13 (extraordinary circumstances that would make equal sharing repugnant to justice), section 14 (short relationships under 3 years), or a section 21 contracting-out agreement that overrides the default. In most settlements involving a family home, equal sharing applies — the practical question is usually whether one party buys the other out (often with refinancing) or the home is sold and proceeds divided.

A section 21A agreement is a contract between the parties that opts out of (or varies) the default property-division rules under the Act. They are colloquially called pre-nups if signed before the relationship and post-nups if signed during. To be enforceable under section 21F, the agreement must be in writing, each party must have received independent legal advice before signing, the lawyer for each party must certify on the agreement that they have explained the effect and implications, and the signatures must be witnessed by the respective lawyers. The Court can set aside a compliant agreement under section 21J if giving effect to it would cause serious injustice — this is a high threshold but available where significant unforeseen change has occurred since the agreement was signed.

Under section 24 of the Property (Relationships) Act 1976, an application to divide relationship property must be filed within 12 months of the date of dissolution of marriage or civil union. For de facto couples, the time limit is 3 years from the date of separation. The Court can extend either time limit under section 24(2) where the applicant did not know of the right to apply, or where granting the extension is just and equitable in all the circumstances — but extensions are not automatic and the longer the delay the harder they are to obtain. Do not let the time limit expire even if negotiations are ongoing — a protective filing within time is preferable to relying on an extension application later.

Yes. KiwiSaver scheme funds accrued during the relationship are relationship property under section 8 of the Act. The typical division mechanism is a Family Court order under section 32 of the Act directing a partial transfer from one party's KiwiSaver account to the other party's KiwiSaver account — the receiving party's KiwiSaver provider must accept the inbound transfer. KiwiSaver balances accrued before the relationship may be separate property but the contribution and growth during the relationship period is relationship property and must be traced — most KiwiSaver providers can produce a statement showing the balance as at a specified date. Where the parties' KiwiSaver balances are similar, the easier path is often to leave each party's KiwiSaver intact and balance the division using other relationship assets.

Not legally — couples can negotiate and document a settlement themselves. However, a section 21A contracting-out agreement (which is the binding form for an out-of-Court settlement) requires each party to have received independent legal advice and the lawyers to certify on the agreement. So while the negotiation can be done by the parties, the documentation step typically requires a lawyer for each side. Consent orders filed in the Family Court (an alternative path) do not require independent legal advice but are reviewed by a Court registrar before sealing. The cost of legal advice on a typical PRA settlement involving the family home plus KiwiSaver but no business complications is usually NZ$5,000–NZ$15,000 total across both parties.