When a relationship ends, sorting out property can feel like a big task, but knowing the rules and timeframes can make the process much smoother. The Property (Relationships) Act 1976 (“the Act”) sets clear guidelines to help ensure fairness and certainty.

There are two main ways to resolve relationship property matters: privately (by agreement) and through the Family Court. A private agreement often involves lawyers drafting a formal settlement agreement. Even when resolving matters privately, the principles of the Act still apply, and statutory entitlements and processes must be considered to ensure the agreement is legally valid and enforceable.

If agreement cannot be reached, either party can apply to the Family Court for orders dividing property under the Act. The Court will apply the statutory principles, including a presumed equal sharing of relationship property unless certain exceptions apply.

Understanding the time limits

The time limit for applying for the Court’s assistance to divide your property and resolve your relationship property issues differs depending on the nature of your relationship. If you and your partner were in a qualifying de facto relationship, you have 3 years from the date of separation. If you and your partner were married, you have 12 months from the date of your divorce (also called a dissolution).

These timeframes are designed to give both parties an opportunity to resolve matters without unnecessary delay. Acting within these limits helps avoid complications and keeps things moving forward.

It’s important to note that the above timeframes apply to Court applications only. Parties are still free to reach their own arrangements (outside of Court) beyond these timeframes.

What happens if you miss the deadline?

If you do not apply to Court within the relevant timeframe, you may lose the right to have the Court determine your relationship property division.

Section 33 of the Act allows the Court to grant leave (permission) to apply out of time, but only in limited circumstances. The Court will need to be satisfied that not granting leave would cause serious injustice. This can be a high threshold to meet, so it is much safer to act within the time limits.

Don’t leave it too late

If you’ve recently separated, it’s important to get advice early so you understand your rights and the timeframes that apply. If you would like to become a client of Smith and Partners to get advice about relationship property, please contact Natalie Miller at natalie.miller@smithpartners.co.nz or phone 09 837 6843 or fill out the form below to set up an appointment.

We will require a retainer to be paid prior to your first meeting, and we cannot assist with legal aid matters. Please note that, in accordance with our obligations under the Lawyers and Conveyancers Act 2006, we cannot provide legal advice unless you have become a client of Smith and Partners and have received our Terms & Conditions of Engagement and Info for Clients.