You and your spouse ⁄ partner can protect property that you individually own by signing this Agreement to Contract Out of the New Zealand Property (Relationships) Act 1976, in order to avoid having all of your assets split 50/50 with your spouse ⁄ partner.
The Agreement allows the parties to add future property to the assets being contracted out. The form applies to married couples, de facto partnerships, and civil unions.
This New Zealand Agreement to Contract Out of Property (Relationships) Act is provided in MS Word format and can be easily edited to meet your needs.
AGREEMENT TO CONTRACT OUT OF THE PROPERTY (RELATIONSHIPS) ACT 1976 THIS AGREEMENT made this _____ day of ______________, _______ by and between: ____________________ [insert name of Partner 1], of ____________________ [address of Partner 1], (hereinafter referred to as ‘Partner 1’) OF THE FIRST PART AND ____________________ [insert name of Partner 2], of ____________________ [address of Partner 2], (hereinafter referred to as ‘Partner 2’) OF THE SECOND PART The undersigned parties wish to set out in writing their respective separate property for the purpose of contracting out of the Property (Relationships) Act 1976 (the ‘Act’). 1. The parties are [choose appropriate option and delete the others: [husband and wife] OR [de facto partners, as defined by section 2 of the Act] OR [are contemplating entering into a marriage] OR [are contemplating entering into a de facto relationship as defined by section 2 of the Act]. 2. The parties are entering into this Agreement for the purpose of contracting out of the Act in terms of section 21 of the Act, other than on the death of one or both of the parties. 3. Upon execution of this Agreement, [leave this part in if the parties have not yet entered into a marriage or de facto relationship, otherwise delete it: if the parties enter into a [marriage / de facto relationship as defined by section 2 of the Act],] the status, ownership, and division of their respective property to which this Agreement applies shall be as follows: (a) The property listed in Schedule 1 attached hereto is owned solely by Partner 1 at the date this Agreement is entered into, and must, after this Agreement takes effect, be dealt with as if it is Partner 1’s separate property within the meaning of the Act. (b) The property listed in Schedule 2 attached
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