Pre-nups, Separations and Property Sharing

We navigate delicate personal matters with empathy and expertise.

Our expertise includes preparing contracting out agreements, property sharing agreements, separations*, parenting agreements, pet sharing agreements, and any form of arrangement for personal or business loans or arrangements between friends and family members.

ASCO Legal’s Service Offering:

Our experience and expertise includes:

• Matrimonial Property "Contracting Out" Agreements (also known as Pre-nups/Prenuptial Agreements or Antenuptial Agreements): A 'Contracting Out Agreement' in NZ is short for an agreement which is "contracting out" of the NZ legislation called the 'Property (Relationships) Act 1976'. These 'Contracting Out Agreements' are heavily customised to your unique relationship in order to provide you with considerable security for the future (they can also be a very useful estate and asset planning tool). Contrary to common belief, they are often entered into by couples in very happy long-lasting relationships, as well as couples who are just starting out. These agreements should ideally be considered before a serious relationship is entered into, particularly where people who are parents of children of prior relationships are coming together. If you have a Contracting Out Agreement from New Zealand (or the equivalent from overseas) and you'd like it reviewed, varied, or re-done to suit your relationship situation as it is now, we can assist you with varying it or bringing it to an end. Essentially, if you're looking for a relationship property lawyer in New Zealand, you need look no further.
• Property Sharing: If you own or intend to purchase a property together you need to make sure you're on the same page. Whether you intend to own a property with family or friends, whether as a group or just as a couple, it pays to sort out the details as soon as possible regarding issues such as how the property is owned, who will make decisions about and pay for ongoing costs such as insurance and rates and renovations, who will have the rights to stay there, and what will happen if one of you wants out. Although you are more than likely to be on great terms at the beginning, unfortunately if the arrangements aren't documented from the outset these property sharing matters are commonly fraught with misunderstandings and issues that no-one ever thought to talk about. These issues can become even more problematic if the situation changes in the future and emotions run high, such as if a party dies, two parties separate, or someone loses their job.
• Separations*: Separating is never easy, but we are here to make it as pain-free as possible. Whether you have been together 6 months or 60 years, and whether you have a Contracting Out Agreement in place or not, we will take you through the steps required to sort out all the elements required to help you know your rights, resolve your issues and move through your separation so you can move on. You may well find that because of your assets you need the expertise of property lawyer to assist you to sell up and refinance (whether you sell to each other or a third party). We can help with that too.
• Parenting Agreements*: If you have minor children, you may need an agreement prepared between the parents which clarifies who will look after the children day-to-day, who will look after them on special occasions, who will make decisions around medical care they need, and how and when can they go on trips with one or their parents or caregivers. There are many elements that need consideration and agreement, and we can help you with navigating these.
• Pet Custody Agreements: Sometimes it becomes difficult when separating or living apart from someone to decide whose care your pets will be in, as they are such important family members in their own right! If you need a Pet Custody for your furry friends such as cats, dogs, rabbits and horses, we can help with that. Pet Custody Agreements address day-to-day care and handovers, special holidays, vet bills, grooming, and insurance. Pet Custody Agreements are highly tailored and personal depending on yours and your pets circumstances and needs.

​* We are most experienced and equipped with negotiating and resolving relationship separations and parenting matters where the parties are physically safe and reasonably amicable given the circumstances. If Court appearances, filing, or other such complexities are involved we will discuss the engagement of a suitable barrister to assist.

IF YOU ARE IN IMMEDIATE DANGER call 111 and ask for Police. If it is not safe to speak to the operator, then push 55 on a mobile (any number on a landline) to be put through to Police. If you need refuge or a plan of escape please contact organisations such as Shine or Women's Refuge for help. Please note that we cannot assist with your or your children's immediate protection from danger.