Relationship Breakdowns

Susie Barnes, Solicitor, November 2026

How do I deal with finances and property after separation?

Relationship breakups can feel impossibly hard and messy. There is grief for the loss of the future we had imagined for ourselves and it can be scary to think about who we might be or where we might end up financially as a result of the relationship breakdown. Emotions can impair our judgement and make negotiating difficult.

At WCM Legal we offer compassion and plain English to help you navigate this process and come out the other side with confidence in your decisions and in the outcome.

The Property (Relationships) Act 1976 provides for equal sharing for relationships lasting 3 years or more (there are some exceptions which we can explain to you once we understand more about your circumstances and how those exceptions might apply).

To reach a legally binding settlement for division of assets, each of you must have a separate lawyer who can provide independent legal advice and fully explain the effects and implications of the agreement and then that lawyer must certify they have done this. This is much more than ‘witnessing a signature’ as the lawyer needs to have had full disclosure of assets of you both, and a strong and detailed understanding of how both of your circumstances fit the law.

WHAT ARE THE STEPS I NEED TO TAKE?

Step 1 Gather Information:

Each party is required to provide:
a)    Details of their backgrounds and the nature of their relationship, such as length of relationship, employment or each party, income, roles within the relationship, and how finances worked
b) List of assets and their values (this includes KiwiSaver, investments, property owned jointly with others, shares in companies, beneficial interests in trust assets, whether in NZ or overseas)
c)    List of liabilities with their values

Step 2 Exchange financial disclosure: Each party is obliged to disclose their assets to the other party.

Step 3 Negotiate terms: Once the disclosure process is complete and we have had time to review the documents and give you advice, we can begin the negotiation phase.

Step 4 Sign settlement agreement: Signing must be witnessed by each party’s independent solicitor.

Step 5 Legal transfer of assets: We can help with the transfer of property or with settlement payments.

Contact Our RELATIONSHIP PROPERTY TEAM

We understand that this is a difficult time and WCM Legal will support and guide you through this process and help you understand your legal rights.  If you would like our help in your separation of assets, contact WCM Legal for an initial consultation and this can be done in person, by phone or by video call – as you prefer. We act for clients based anywhere in New Zealand (or overseas, if there are NZ assets to which NZ law applies).