Authors: Jodi Ryan, Frances Williams 
Published: 19 September 2022
Pages: 21

Introduction

Family contexts continue to evolve in Aotearoa. Our clients are entering and exiting relationships which trigger the Property (Relationships) Act 1976 (PRA) more frequently now than ever before.

Not only does this increase the number of “qualifying relationships”, but these changes can bring complex interpersonal, legal and financial challenges with them. It is increasingly important to consider a client’s wider background and goals when advising them about their legal position before, during or after a relationship.

Whether we are advising a client before or during a relationship on a s 21 Contracting Out Agreement (COA), or advising them on a s 21A Settlement Agreement at the end of the relationship, personalised advice needs to be tailored to the client’s situation.

Nonetheless, for both types of agreement it is necessary to cover the formal requirements of the PRA. Precedent documents or clauses can be useful for these matters, but must be read and carefully considered each time they are used to ensure they say and mean what this particular couple in their particular circumstances need them to say.

Content outline

• Contracting out agreements
• Separation agreements