--- title: "Family Law | Wakatipu Chambers — Queenstown Barristers" description: "Separation, relationship property, care of children, contracting out agreements, mediation, family violence and adoption — handled with care, in plain English, and at your pace." url: https://barristers.net.nz/services/family-law/ --- # Family law that listens before it advises. > Separation, relationship property, care of children, contracting out agreements, mediation, family violence and adoption — handled with care, in plain English, and at your pace. We take family law instructions across New Zealand from Wakatipu Chambers in Queenstown — separation and divorce, relationship property under the Property (Relationships) Act 1976, care of children, contracting out (prenup) agreements, mediation, family violence and protection orders, and adoption. ## Separation with one lawyer. Where a separation is genuinely amicable and finances are straightforward, a single neutral lawyer can guide both parties through the practical decisions — care of children, division of property, separation agreement. Both parties still need independent legal review before signing, but the day-to-day work is done once, not twice. Faster, cheaper, less adversarial. ### Separation & Divorce In New Zealand, separation is a question of fact, not paperwork. The relationship has to have ended in substance — separate lives, separate finances, separate intentions. Two people can be "separated under one roof" and still meet the test, which matters when housing or children make moving out impractical. A divorce — formally, a Dissolution of Marriage Order — can be applied for after two years of separation. If both parties agree and there are no children of the marriage, the order is usually granted within 4–6 weeks without a hearing. Contested matters and proceedings involving children take longer. We help with the practicalities: drafting separation agreements that record the date and the arrangements, advising on next steps if mediation breaks down, and preparing the divorce application when the time is right. - Two-year separation period required before applying for divorce - No-fault basis — the court does not assign blame - Most uncontested divorces granted without a hearing - Separation agreements record the date and the practical arrangements - [What is a separation agreement?](https://barristers.net.nz/services/family-law/separation-agreement) ### Relationship Property (PRA) The Property (Relationships) Act 1976 governs how property is divided when a marriage, civil union or de facto relationship of three years or more comes to an end. The default rule is equal sharing — relationship property is split 50/50 — but the act distinguishes carefully between "relationship property" and "separate property", and that line is where most of the work happens. Relationship property generally includes the family home and chattels, joint accounts and investments, vehicles, businesses, and KiwiSaver contributions made during the relationship. Separate property — pre-relationship assets, inheritances, gifts, ACC payments — is generally excluded, although it can become relationship property if it is intermingled with relationship property over time. The act allows the court to depart from 50/50 in defined situations — short relationships, significant economic disparity, or, rarely, extraordinary circumstances that would make equal sharing repugnant to justice. These cases need careful evidence and tight argument; that is where having a barrister who has run them matters. - Default 50/50 split after 3+ years - Equal sharing covers family home, chattels, joint accounts, KiwiSaver - Separate property includes pre-relationship assets, inheritances, gifts - Exceptions for short relationships, economic disparity, extraordinary circumstances - [How are assets divided in a divorce?](https://barristers.net.nz/services/family-law/asset-division) - [Leading PRA cases](https://barristers.net.nz/services/family-law/leading-pra-cases) ### Care of Children When parents separate, decisions about the children — where they live, who they spend time with, how the bigger calls (school, religion, medical care) get made — are governed by the Care of Children Act 2004. The legal test is the welfare and best interests of the child, full stop. Everything else is detail. Most parenting arrangements are agreed informally or recorded in a parenting agreement. Where agreement is not possible, the Family Court can make Day-to-Day Care Orders and Contact Orders. In contested proceedings, the court will usually appoint a Lawyer for the Child to put the child's views before the judge. We act for parents on both sides of these matters and approach them the same way — focus on the children, lower the temperature, and only litigate when negotiation has clearly failed. - Children's welfare and best interests is the only legal test - Day-to-Day Care + Contact Orders if no agreement - Lawyer for the Child appointed in disputed cases - Parenting agreements recommended even where things are amicable ### Contracting Out (Prenup) Agreements A contracting out agreement under section 21 of the Property (Relationships) Act lets a couple decide for themselves how their property will be divided if the relationship ends, overriding the default 50/50 rule. They are sometimes called "prenups" but can be entered into before, during, or even at the end of a relationship. For an agreement to be enforceable, both parties must take independent legal advice and the lawyers must certify they have given that advice. Get this wrong and the agreement can be set aside — it is one of the most common reasons these agreements fail in court. Contracting out is most useful where one partner brings substantial pre-relationship assets, owns or runs a business, has had an inheritance, or has children from a previous relationship. It is not about distrust — it is about clarity. - Section 21 of the Property (Relationships) Act - Both parties must have independent legal advice - Lawyers must certify the advice was given - Most useful for pre-relationship assets, businesses, blended families ### Mediation & Family Dispute Resolution Mediation lets separating couples sort their issues out faster, more privately, and at a fraction of the cost of litigation. For care-of-children matters, attempting Family Dispute Resolution (FDR) is generally required before the Family Court will hear the case unless there is family violence or another exemption. Mediation suits matters where both parties want to keep things workable and there is enough good faith on both sides. It is less suited to cases involving coercion, hidden assets, or significant power imbalance — those usually need court oversight. We prepare clients for mediation, attend with them where helpful, and turn agreements reached at mediation into binding contracting out or parenting agreements. - Family Dispute Resolution (FDR) often required before Family Court - Faster, cheaper, and more private than litigation - Outcomes can be made binding by lawyers afterwards - Not suitable where there is violence, coercion, or hidden assets ### Family Violence & Protection Orders A protection order under the Family Violence Act 2018 is a Family Court order that prevents a respondent from physical, sexual, psychological, or financial abuse, contacting the protected person, or coming near them. They can be obtained on a temporary basis without notice in urgent cases. In situations of immediate risk, the Police can also issue a Police Safety Order, which lasts up to ten days and gives the protected person time to apply to the court for a longer-term order. We act for applicants and for respondents. Acting for respondents requires a clear-eyed approach — protection orders carry serious consequences for employment, immigration, and the criminal record if breached, and the standard of evidence in defending them is rigorous. - Family Violence Act 2018 covers physical, sexual, psychological & financial abuse - Temporary orders can be obtained without notice in urgent cases - Police Safety Orders last up to 10 days - Breach of a protection order is a criminal offence ### Adoption Adoption in New Zealand is governed by the Adoption Act 1955 and falls into three main categories: domestic adoption, intercountry adoption, and whāngai (Māori customary adoption). The minimum age for adoptive parents is 20 and applicants generally need to be New Zealand residents. The process involves a home study and assessment phase before any matching with a child can occur. For intercountry adoption, additional Hague Convention requirements apply. Adoption is procedurally heavy and emotionally charged. We handle the legal mechanics carefully so the family side of the process can stay the focus. - Domestic, intercountry, and whāngai (Māori customary) pathways - Minimum age 20, NZ residency requirement - Home study and assessment before placement - Hague Convention requirements for intercountry adoption ## Family services at chambers - [Relationship Property & Separation](https://barristers.net.nz/services/relationship-property-separation) — Separation agreements, the 50/50 rule and contracting out — property division handled with clarity from day one. - [Care of Children & Parenting](https://barristers.net.nz/services/care-of-children) — Parenting arrangements, Day-to-Day Care and Contact Orders, and Family Dispute Resolution — always centred on the children. - [Family Protection & Estates](https://barristers.net.nz/services/family-protection-estates) — Wills, estate disputes and Family Protection Act claims, including estate litigation anywhere in New Zealand. ## Frequently asked questions **How are assets divided after a separation in New Zealand?** The Property (Relationships) Act 1976 governs asset division in NZ. After a marriage, civil union or de facto relationship of three years or more, relationship property — the family home, joint accounts, KiwiSaver contributions during the relationship, vehicles, businesses — is usually split equally (50/50). Separate property, like assets owned before the relationship, inheritances or gifts, is generally excluded. There are exceptions for short relationships, significant economic disparity, and — rarely — extraordinary circumstances that would make equal sharing repugnant to justice. **How long does a divorce take in New Zealand?** New Zealand requires a two-year separation period before either party can apply for divorce (a Dissolution of Marriage Order). Once filed, if both parties agree and there are no children of the marriage, the order is usually granted within 4–6 weeks without a hearing. Contested divorces or matters involving children take longer. **Can you be "separated" while still living in the same house?** Yes — under New Zealand law, you can be "separated under one roof" while continuing to live in the same property, provided the relationship has ended in substance (separate finances, sleeping arrangements, social lives, and intent). A separation agreement can record the date of separation and the practical arrangements, which is useful when applying for divorce later or sorting out relationship property. **What is a contracting out (prenup) agreement?** A contracting out agreement under section 21 of the Property (Relationships) Act lets a couple decide how their property will be divided if the relationship ends — overriding the default 50/50 rule. Both parties must take independent legal advice for the agreement to be enforceable. They are most useful where one partner has substantial pre-relationship assets, a business, an inheritance, or children from a previous relationship.