If you are married, in a civil union or de facto relationship, your property rights are governed by the provisions of the Property (Relationships) Act 1976. As a couple, you can opt out of this and have your own agreement, known as a ‘pre-nup’, or a relationship property contracting out agreement. 

Why get a pre-nup?

You may want a pre-nuptial agreement to avoid any uncertainty about what property is separate and what is shared. One of you may have more property than the other, and want to protect this.

What you have to do

You have to follow a particular procedure for your contracting out agreement to be valid, which we can help with. Things like each getting separate legal advice, having your agreement in writing, and getting a solicitor each to witness it.