A “prenup” is commonly called a “contracting out” agreement. It allows parties to record how some or all of their property should be treated if they separate, instead of relying on the default sharing rules under the Property (Relationships) Act.

If you agree how property should be treated if the relationship ends, a contracting out agreement is the clearest way to record that. As part of the process, the parties should also disclose to each other details about their assets and financial position, so the agreement is made on an informed basis. The agreement must be in writing, signed, and each person must receive independent advice from a lawyer.

A good agreement can deal with current and future assets, inheritances, businesses, trusts or property acquired later. We can draft or review it and make sure it is properly documented and legally effective.

If there is no contracting out agreement, the default rules in the Property (Relationships) Act 1976 will normally apply, with any relationship property generally shared equally when a relationship ends. Some property may remain separate, although the position can change depending on the circumstances and how the property has been acquired or used.

This is a complex area of law, where sound legal advice and good strategy matter. Staley Cardoza brings decades of experience in relationship property matters.

People often come to us with one of two assumptions: “it’s in the trust, so it’s protected”, or “trusts don’t work anymore.”

Neither is correct, nor a safe starting point.

A trust does not automatically put property beyond the reach of a relationship property claim, but nor does a trust asset simply become relationship property because a relationship ends. This is a complex area of law, and the answer depends on the trust deed, how the trust has actually operated, who controls it, who has benefited from it, and how the assets have been used during the relationship. Where the family home, a business or other significant assets are held in trust, the trust and relationship property issues need to be considered together.

If you separate, we generally recommend getting family law advice sooner rather than later. Early advice can help you understand your position, avoid unnecessary mistakes and identify the best way forward before a dispute becomes harder to resolve. You may need a Family Court lawyer when negotiation or mediation has reached an impasse, the parties are deadlocked, or urgent orders are needed to protect a person, a child or property. Sometimes, despite everyone’s best efforts, a family law dispute simply needs to be decided by a judge.

Staley Cardoza has significant Family Court experience, including complex relationship property cases involving trusts, companies, businesses and significant assets, as well as complex child law cases. Our Family Court lawyers in Dunedin look for sensible resolutions where they can be reached, but when proceedings are necessary, we bring strong, seasoned advocacy to protect your position.

The right family lawyer depends on the issue you are dealing with. Look for real experience, sound legal judgement, clear advice and a lawyer who can take the matter as far as it needs to go.

Our family law work includes:

• Separation and dissolution (often referred to as divorce)

• Relationship property

• Contracting out agreements and prenups

• Care of children and parenting arrangements

• Family Court proceedings

• Complex matters involving trusts, businesses, companies and significant assets

Staley Cardoza has been doing this work in Dunedin for decades, from straightforward agreements through to complex and contested family law matters.

Yes. Staley Cardoza is based in the lower Octagon in central Dunedin and has practised here since 1998. We act for family law clients throughout Otago and across Aotearoa, and can also meet by phone or video where that is more convenient.