Prenuptial Agreements


What is a prenuptial agreement?

A prenuptial agreement, formally known as a contracting-out agreement, may not be on your mind when entering a relationship, but considering the potential challenges of a breakup is a wise long-term strategy. Picture-perfect weddings can unfortunately lead to separation later on. While contemplating divorce may not be current, having a well-crafted prenuptial agreement is like an insurance policy for your separate property. Though you hope never to use it, it serves as a safeguard if the worst occurs. To be binding, both partners must independently seek advice on the agreement. A 'prenup' is utilized when a married couple or partners in a civil union or de facto relationship separate, outlining property distribution.

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Why should you consider a prenup

Prenuptial agreements have a number of benefits including:

  • Protects you family
  • Shields yourself from debt
  • Save time and money
  • Protect heirlooms & property
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Who needs a prenuptial agreement?

Anyone entering into a de facto relationship should consider a 'prenup' or prenuptial agreement. At Weston Ward and Lascelles we recommend that an agreement should be entered into when;


  • Where one party has significantly higher assets than the other, when entering the relationship;
  • Where one or both parties own a home at the start of the relationship;
  • Where the relationship is a second (or more) relationship for one or either party, especially when there are children from previous relationships.


Younger couples can use a prenup to protect businesses, professional practices, careers, inheritances, gifts and credit. Older couples use prenuptial agreements for the reasons above and also to protect the funds they’ve built up for retirement and to protect their assets for their children from prior marriages.

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Legal advice for you and your family

A man 's head is being manipulated by a puppet 's hands.
08 Apr, 2024
If you are reading this article because something about your relationship doesn’t feel right to you, it’s most likely not, and Weston Ward and Lascelles’ family lawyers in Christchurch NZ think you should continue reading. It’s important to be aware that not all types of family harm and domestic abuse involve physical violence, there are many different types of abuse that can occur in an intimate relationship. Disagreements happen in all relationships, but if they become more frequent and start to form a pattern for when they occur, it can be a sign there is something more going on and the relationship is abusive. Using the word abusive can make you feel uncomfortable. It can be incredibly hard to acknowledge what is happening to you. The realisation you are in an abusive relationship can be painful and unleash a sense of shame and guilt. You might start wondering, ‘Could you have prevented it? Stopped it? Loved your partner more?’, Trauma-related guilt often stems from a feeling that you could have done something more or differently during the relationship; however, abuse is not your fault and nor could you have stopped it. You are not responsible or to blame for your partner’s abusive behaviour; abuse is a pattern of power and control. In recent years, the discourse surrounding family harm has expanded to include a more nuanced understanding of abusive behaviour. Domestic abuse isn’t just about physical violence . It isn’t just about a strong man physically abusing a weak woman. The problem with this cultural narrative is the signs of abuse in a relationship are often not recognised, because it doesn’t ‘look’ like it. Domestic abuse can take the more subtle form of coercive control. 
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