international family law
Prenuptial agreements have been recognized in New Zealand since the Matrimonial Property Act 1976 was enacted.
In 2001, the Property Relationships Amendment Act renamed the 1976 legislation as the Property (Relationships) Act 1976. This amendment broadened the scope of the law, extending its rules on property division to include not only married couples but also partners in de facto and same-sex relationships. Under this framework, the general rule is that relationship property is to be divided equally when a couple separates or when one partner passes away.
Section 21 of the Property (Relationships) Act 1976 allows married and de facto couples to formally agree to opt out of the default property division rules. These agreements can cover the status, ownership, and division of property, including property acquired in the future, but must meet specific legal requirements to be valid.
Before 2001, an agreement could be set aside if it was found to cause “injustice.” Since the 2001 amendment, a higher threshold must be met: an agreement can only be invalidated if it results in “serious injustice.” This change aims to give couples more certainty and confidence in the enforceability of their prenuptial agreements.
Section 7A(2) of the Act includes unique provisions regarding foreign prenuptial agreements. These rules affect agreements involving a New Zealand connection and require that they be drafted with particular care to align with how “relationship property” is defined under New Zealand law.
Our office has handled several U.S.–New Zealand prenuptial agreements, always working closely with local legal counsel in each relevant jurisdiction to ensure the agreements are properly structured and legally sound.