What is a Prenup? Complete Guide to Prenuptial Agreements in New Zealand

The Agreement Nobody Wants to Talk About

Prenups aren't just for celebrities and billionaires. In New Zealand, they're called Contracting Out Agreements, and they're becoming more common as people realize that love doesn't always last, but legal protection should.

Here's the real talk on prenups - what they are, when you need them, and how to get one without destroying your relationship in the process.

What Actually Is a Prenup?

A prenup (or Contracting Out Agreement in NZ) is a legal contract that says "if we split up, here's how we'll divide our stuff." It overrides the default 50-50 split rule that normally applies to relationship property.

Think of it as relationship insurance. You hope you'll never need it, but you'll be glad you have it if things go wrong.

When You Actually Need One

You Have Significant Assets Before the Relationship

If you're bringing a house, business, or substantial savings into the relationship, a prenup protects these from being split 50-50 if you separate.

Family Money Is Involved

If your parents are helping with house deposits or you're expecting an inheritance, a prenup can protect these family contributions.

You Own a Business

Business assets can become relationship property. A prenup keeps your business separate from your personal relationship.

You Have Kids from Previous Relationships

Protecting assets for your children from previous relationships is a common and valid reason for a prenup.

The SureThing Reality Check

While full prenups require independent legal advice and certification (it's the law in NZ), there are simpler agreements you can start with.

For Basic Asset Documentation: SureThing can help you create clear records of what each person owns before moving in together. While this isn't a full prenup, it creates important documentation for later.

For Full Legal Protection: A proper Contracting Out Agreement needs independent lawyers for both parties. It's not cheap, but it's cheaper than fighting about property division later.

The Conversation Nobody Wants to Have

Bringing up a prenup is awkward. Here's how to make it less painful:

Frame It as Protection for Both of You
"I want us both to be protected if anything happens."

Focus on Fairness
"Let's make sure we both know what to expect."

Start Early
Don't bring this up the week before your wedding. Have the conversation when you're making other big relationship decisions.

What Goes in a Prenup

Assets and Debts

What each person owns and owes before the relationship starts.

Future Earnings and Assets

How income and assets acquired during the relationship will be treated.

Family Gifts and Inheritances

Whether these remain separate or become relationship property.

Business Interests

How business assets and income are treated.

The Bottom Line

Prenups aren't romantic, but neither is fighting about money during a breakup. If you have significant assets, family money, or a business, a prenup is just smart planning.

Start with clear documentation of what each person brings to the relationship, then get professional help for the full legal protection.

Ready to document your assets? Start with SureThing to create clear records of individual property, then consult legal professionals for comprehensive prenup protection.