Many legal minds making NZ LAW work

We are an association of independent legal practices, proactively sharing ideas and expertise for the benefit of our clients.

Property (Relationships) Act 1976 changes proposed

Published: 9th April 2019

Author: Sarah White, Malley & Co

Published in: Fineprint 78

For better, for worse?
The law governing the division of property when a relationship ends is, after more than 40 years, set to change following the Law Commission’s comprehensive review of the Property (Relationships) Act 1976 (the PRA).

The Law Commission has identified changes that it believes should be made to ensure the regime better reflects the reasonable expectations of New Zealanders. We set out some of the proposals that may be relevant to you or your family.

The family home
Under the current law, in a marriage, civil union or de facto relationship of more than three years, the family home is automatically considered to be relationship property and subject to equal sharing. Under the changes proposed, the family home will not necessarily be shared 50/50, particularly if one partner owned it before the start of the relationship. In that situation, it is proposed that only the increase in value would be subject to equal sharing.

Clean break
The foundation of the current PRA is the idea that couples should start afresh, free from financial ties to each other, as soon as practicable after their relationship ends. The proposed changes, however, include an ‘overarching obligation’ on the courts to have regard to the best interests of any minor or dependent children. This includes a proposal that the parent who has day-to-day care of the child or children has an automatic right to remain in the family home for a limited period.

Family Income Sharing Arrangement (FISA) proposal
A significant proposal is to pool and share partners’ incomes after separation through a Family Income Sharing Arrangement (FISA). In a relationship of 10 years or longer, or where there are children involved, it recommends that in circumstances where, during the relationship, one partner has given up their career or declined a career advancement opportunity to make a contribution to the relationship, or their spouse has been able to advance their career due to the contributions of their partner to the relationship, this may entitle them to share in a FISA.

It is proposed the amount and duration of a FISA would be determined by a formula equalising the partners’ incomes for a period of time that is approximately half the length of the relationship up to a maximum of five years.

Trust property
Presently, the jurisdiction of the Family Court to make orders relating to trust-owned property is limited. Often, matters related to trusts can involve High Court proceedings which can be expensive and protracted for all concerned. Under the proposed changes, the Family Court would have greater jurisdiction to make orders involving trust-owned property.

Early days yet
If your relationship is ending, or you have already separated, it’s important that you get advice early on so that you can make informed decisions. If you would like to talk over any aspect of relationship property and how ending a relationship works from a legal perspective, please get in touch with us.

Related Articles

  • Auckland
  • Bay of Plenty
  • Canterbury
  • Coromandel
  • Gisborne
  • Hawke's Bay
  • Kapiti Coast
  • Manawatu - Wanganui
  • Marlborough
  • Nelson
  • Northland
  • Otago
  • Southland
  • Taranaki
  • Waikato
  • Wairarapa
  • Wellington
  • West Coast

Boyle Mathieson

Boyle Mathieson was established on a foundation of strategic, practical advice that focuses on solutions. Based in West Auckland, we offer a complete legal service for businesses and individuals.

At Boyle Mathieson we believe in building lasting relationships with our clients, based on trust and confidence in the consistently high standard we perform to

Region: Auckland

Phone: 09 837 6004

Sandford & Partners Lawyers

We are a medium sized Rotorua law firm practicing in areas of business and property law, public law and personal legal services.

We are professionals who listen, who seek to understand your needs, and give practical and usable advice. We thrive on the challenge of providing excellent legal work and aim to give you the highest level of service. For us, working for you means dealing with the little details as well as the big picture.

Region: Bay of Plenty

Phone: 07 348 6039

Parry Field Lawyers

With expertise in a wide variety of legal matters, Parry Field has developed a reputation for providing high quality legal advice and services in a timely fashion.

With offices in Riccarton, Hokitika and Rolleston Parry Field like to cover all bases.

Region: Canterbury

Phone: 03 348 8480

Purnell Lawyers

There is nothing as inevitable as change. Since opening for business early last century, we at Purnell Lawyers have seen many changes both in name and in the people who have made up the members of our team. We have been privileged to have served the public throughout all of these times. 

We are confident that we will continue to bring top quality legal services to our clients well into the future.

Region: Coromandel

Phone: 07 868 8680

Woodward Chrisp

At Woodward Chrisp we strive to meet the needs of our clients by providing a wide range of high quality legal services within a supportive and collaborative environment.

Woodward Chrisp is the amalgamation of two long established Gisborne legal firms: Woodward Iles & Co and Chrisp and Chrisp. 

Region: Gisborne

Phone: 06 869 0900

Gifford Devine

For all life’s matters, the team at Gifford Devine have your back. Since 1896, our lawyers have been providing straight-talking, practical advice and advocacy to people, families and businesses in Hawke’s Bay.

As your legal champions, we’ll serve you as a trusted adviser, listen to your needs, offer plain English advice, and find a solution to get you the best possible outcome.

We have the expertise to identify potential legal issues, to help you make important decisions, and to realise your goals. We’re your legal champions for all reasons and at all stages of life.

Region: Hawke's Bay

Phone: 06 873 0420

BMC Lawyers

BMC lawyers has built a reputation for providing quality service and delivering real results. Our strength is our broad-ranging legal experience that gives us the ability to match clients with the right mix of legal skills for their particular needs.

Our legal professionals are passionate about what they do and work alongside a talented team of support and administration staff to make a real positive difference to our clients.”

Region: Kapiti Coast

Phone: 04 296 1105

CS Law

Looking after you, your family, and the small print.

Region: Manawatu - Wanganui

Phone: 06 368 9239

Wain & Naysmith

Based in Blenheim, Wain & Naysmith Lawyers is a full service law firm, and a powerhouse for property, family and business law.

We pride ourselves in providing clear and cost effective legal solutions and practical advice for you, your family and your business.

Region: Marlborough

Phone: 03 520 6103

Knapps Lawyers

As a firm, we promise to look after you and treat you in a manner that we would expect to be treated by a professional services provider; we promise to use every available legal remedy available to us to resolve your issue and to do what you ask us to do in a timely manner.

We will hold in strict confidence all information that we acquire through our work for you and which concerns your business or personal information.  The only exceptions are where you authorise us to disclose such information or where we must do so by law.

Region: Nelson

Phone: 03 544 7888

Thomson Wilson

Thomson Wilson is a full service law firm based in Whangarei. We’ve been trusted lawyers for the Northland community and beyond for 75 years.

We act for individuals and families, businesses, public sector and other organisations. Whether you need no-fuss advice on a simple matter, or a team of legal experts. 

Our staff provide advice in most areas of the law, including property law, business law, trusts and estates, separation and divorce, resource management, criminal law and more.

We also offer expertise in specialist areas such as Maori land, local government law, farming and forestry.

Region: Northland

Phone: 09 430 4380

Wilkinson Rodgers Lawyers

Our specialists work together to provide clients with the full range of advice they need to achieve their desired results. If you're looking for specialist knowledge and advice, are a company or individual we can help you by making it easier for you to achieve your objectives.

Our area of expertise include, but not limited to;

  • Commercial
  • Community
  • Family Law
  • Home, Asset & Employment
  • Wills & Estates

Region: Otago

Phone: 03 477 9844

Sheddan Pritchard Law Ltd

Incorporating traditional values and a fresh perspective, Sheddan Pritchard Law is here to assist you with all your legal needs. 

Our friendly and team-driven approach underpins our firm’s values, recognising the importance of putting people first and allows us to connect and nurture professional relationships with new and existing clients within our local community of Gore, as well as throughout New Zealand and extending overseas.

Region: Southland

Phone: 03 209 0030

Connect Legal Taranaki

Two of Taranaki’s longstanding legal firms, RMY Legal and Billings Lawyers, are merging to become Connect Legal Taranaki.

Connect Legal Taranaki will support the evolving needs of our valued clients and future clients throughout the region by offering extensive legal expertise under one roof. From April this year you’ll find the new look Connect Legal Taranaki in the former RMY Legal premises on Powderham Street.

Region: Taranaki

Phone: 06 769 8080

Norris Ward McKinnon

We are the Waikato’s leading provider of specialist legal services with a national and international perspective.

We provide tailored legal advice to meet the diverse needs of large and small corporates, public institutions, small and medium businesses, individuals and families.

We know that choosing a law firm is not an easy task. We work with our clients to listen, reassure, and resolve their problems simply and cost effectively. From our experience, the best way to do this is through developing understanding and long-term relationships with our clients. Our team of lawyers are highly regarded with a depth of experience that gives them the credibility that underpins Norris Ward McKinnon’s solid reputation in the legal market. Put simply, they are real people dealing with the real issues that affect our clients day-to-day.

Region: Waikato

Phone: 07 834 6000

Gawith Burridge

Gawith Burridge traces its history back to 1875 when Charles Gawith first set up his practice. Since then the firm has undergone many changes, including a merger between Gawith & Co and Burridge & Co in 1998 to form our current practice.

Our firm draws on the breadth of expertise available from some of the region’s most senior legal practitioners, as well as the skills of those who have moved here from larger corporate environments.

As a result, we provide clients with a comprehensive range of legal services right here in the Wairarapa. We can provide you with legal assistance whether you are an individual or a company, with everything from setting up a Will to selling your farming business. 

Region: Wairarapa

Phone: 06 370 0000

Gillespie Young Watson

We specialise in Property, Commercial and Trust Law. When it comes to law firm size we are bigger than smaller and smaller than big. By limiting the work we do to our specialist areas, we like to think we bring together the best of big firm skill sets with the personal care, attention and relationships of small firms.

We expect our clients to receive clear, practical and timely advice. We place a premium on accessibility and convenience to our clients. We value and appreciate all of our clients and want to do the best possible job for each of them. When we close a file we want the client to feel they have received exceptional advice, service and value.

Region: Wellington

Phone: 04 569 3997

No firms in West Coast

All the information published on this website, or in any article herein is true and accurate to the best of the authors' knowledge. Information on this site should not be a substitute for legal advice. No liability is assumed by NZ LAW Limited, or individual NZ LAW member firms for losses suffered by any person or organisation relying directly or indirectly on information published on this site. Views expressed in any article are the views of the authors individually and do not necessarily reflect the view of NZ LAW or their member firms. Information appearing on this site may only be reproduced with prior approval from NZ LAW Limited Head Office, and credit being given to the source. © NZ LAW Limited