Free Guides - Relationship Property / Family


Here are our info sheets on a few common Relationship Property / Family Law topics. If there is nothing here that fits your situation, or answers to questions you may have, please get in touch by giving us a call, or emailing office@alaw.nz. Return to our Free Guides section to see all topics available.


1. Contracting Out Agreements (Pre-Nups) - When getting together, options for making sure things are clear if you separate.

When you climb into your car, you put on your safety belt. No one expects to crash, but you put it on anyway. We think of Contracting Out Agreements (aka Pre-Nups) in the same way. No one goes into a relationship expecting to separate, but in case it happens the Law provides you and your partner with a way of pre-agreeing how your assets will be dealt with should you decide to separate. This info sheet covers off most of the key questions people have about Contracting Out Agreements.



2. Separation Agreements - When the relationship ends and you need to divide the property.

Separating can be really tough. However,  the World isn't going to stop turning. Things will get worked out and you will be able to move on with your life. Also getting yourself to being independent again in terms of property and financials does not need to be a complicated or difficult process. There is no need for a separation to turn into a battle. This guide provides advice on how to approach the process of separating your assets and getting to be financially independent again.



3. Asking the Court for Help - When your Ex will not engage, co-operate, or is being unreasonable.

Sometimes, unfortunately, an Ex will try and drag the chain on the division of property, or be unreasonable, or in the worst case use the situation to try and bully (ie: cause you mental harm). You do not need to put up with any of this. And sometimes you can regret waiting too long for them to engage in a reasonable way before asking the Court for help. We certainly suggest you try and reach agreement on division of relationship property outside of Court, but sometimes you will need the Court's help. And that help is generally easy to access, and can be a cost effective way of getting to the point where you can move on with your separate financial life. This guide outlines the times when you should be thinking about going to Court, and what is involved.



4. Ownership of Land (and other assets) with others - Should we be "joint tenants" or "tenants in common"?

This Guidance Note will be particularly useful if you are about to go into joint owner of land with someone else. It will also be very relevant if you are considering revising or making a Will. When you buy land with someone else, you will always have a decision to make: own as joint tenants or tenants in common? You will have to choose which one. This Guidance Note will help make sure that you have a good understanding of the implications that will flow from which option you select.



5. Property Sharing Agreements - Owning a property with family or friends (not pre-nups).

You are planning to, or already have, purchased a property with family or friends. This Guidance Note takes you through the things that you should be thinking about, being mainly: should we enter into a Property Sharing Agreement? These agreements are simple to put together, but important and can be super valuable in a situation where the co-owners have differing views and expectations. Ideally you want the co-ownership to be a productive experience. But more than that, it would be great if family can remain family, and friends still be friends at the end of the joint enterprise.



6. Family Trusts - What exactly are they and when should we consider forming one?

There is a train of thought in New Zealand presently that there is no longer any point in using a trust as a way protect your assets. This is a somewhat simplistic analysis of the situation, and is largely not correct. Trusts remain a useful and flexible tool when used as part of your succession planning and asset protection - depending on the circumstances. Yes, they were over-sold in the past, and many people have them and don't understand why. This Guidance Notice outlines where were believe trusts still have a useful role to play, and the circumstances where you may want to consider using one.



7. Blended Families & Wills - Important things to consider to make sure all your intended outcomes are delivered when you pass away.

Blended families are very common, and come in various shapes and sizes. However, because of the completing interests, and the fact that relationships between children and step parents (and their own children) can be difficult, there are a number of additional things that need to be considered when such a couple are contemplating making new Wills. This Guidance Note is aimed at highlight the challenges inherent in these situations so that you can put in place a structure that will work - leaving those surviving you in as certain and as stress-free situation as possible.



8. Risk Management - Tools available to make sure important things get done even if you are incapacitated or stuck overseas.

Most people are aware of Enduring Powers of Attorney. However, these are just one of the tools available to make sure that things keep moving even when you are unable to attend to business (personal or company). EPOA's also have no application in relation to trust assets and trusteeships, and are not directly effective at dealing with cash in bank accounts, or your duties as a company director. This Note outlines the broader range of simple-to-implement risk management tools which are available to make sure things keep working smoothly even though your flight may have been delayed, or you are enjoy the hospitality of St George's Hospital in Chch for a while.



Return to our Free Guides section to see all topics available.


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