Feature article

How long after separation can you claim property in New Zealand?

A simple guide to the time limits for dividing relationship property after a breakup.

10 December 2025

When a relationship ends, one of the tricky but necessary tasks is splitting the property shared in the relationship. It pays to be mindful that New Zealand law sets strict deadlines for property claims, and missing them can have serious consequences

So, if you’re wondering how long after separation you can claim property in NZ, here’s a straightforward guide to the rules, the key time limits, when extensions are possible, and what to do next.

Timeframes depend on the type of relationship

Under the Property (Relationships) Act 1976 (PRA), you must apply to divide relationship property within a set timeframe. The clock starts at different moments depending on whether you are married, in a civil union or in a de facto relationship.

Here are the limits at a glance:

Married or civil union couples: 12 months from the date your divorce/dissolution is final (not from the date you separated).
De facto couples: 3 years from the date of separation.

Can you apply after the time limit?

If you miss the relevant one-year or three-year deadline, you do not automatically lose all rights. You can apply to the Family Court for leave (permission) to apply for a division of property after the deadline has passed.

The Court will consider this request based on the specific circumstances of your case, but it is designed to be strict, so it’s always best to seek legal advice and aim to file within the given timeframes.

When does "separation" start for de facto couples?

This typically occurs when one or both partners end the relationship and stop living together as a couple.

There is no requirement for a formal written notice, a legal separation agreement or a government registration.

If there is a disagreement about the date, the Family Court determines it based on facts that help them determine the separation date. This might be when someone was removed from a tenancy agreement, shared bank accounts closed down or evidence of someone moving out.

Settling up: Do you need to go to court?

No, couples can settle relationship property privately or through lawyers without going to court.

However, to be legally enforceable, any agreement dividing property must meet the requirements set out in the PRA, which include:

The agreement to be in writing.
Signed by both partners.
Each signature witnessed by an independent lawyer.
Each lawyer certifying that they explained the effects and implications.

If you can agree outside of the court, it is important your agreements are documented in a formal Separation Agreement.

An agreement made after separation is often called a Separation Agreement, although the legal requirements are similar to those of a Contracting Out Agreement (often used at the start of a relationship).

Why do the time limits matter?

The time limits help to:

Give certainty after a relationship ends.
Ensure property claims are dealt with in a timely way.
Prevent very old disputes from resurfacing many years later.

Nearing the deadline? Here are the steps you should take

If the deadline is approaching, here are the steps you will likely need to take:

1 . Talk to a lawyer

2. Document the separation date (especially for de facto couples)

3. List assets and debts

4. Start negotiations privately, work with your lawyers, or consider mediation

5. Complete your agreement or file an application with the Family Court if you are unable to finalise your agreement

What counts as relationship property?

According to the PRA, relationship property includes:

The family home (regardless of who bought it).
Family chattels (vehicles, furniture, household items).
Savings, investments and other assets acquired during the relationship.
Income earned during the relationship.
KiwiSaver or superannuation contributions made during the relationship.
Relationship debts.

Find out more about property division after separation.

Disclaimer

This article provides general information based on New Zealand's Property (Relationships) Act 1976 and general Family Court processes. It is intended for educational purposes only and is not, and should not be taken as, specific legal or financial advice.

The law regarding relationship property and separation is complex, and your personal circumstances are unique. You should always seek professional advice from a qualified solicitor, lawyer, or financial advisor to discuss your individual situation before making any decisions or taking action.

Trade Me Property does not accept any responsibility or liability for any actions taken, or not taken, based solely on the information provided within this content.

Author

Hannah Hilliam

Hannah is a staff writer at Trade Me, contributing to Trade Me Property. Having bought, sold, and renovated homes herself, she knows first-hand how exciting (and overwhelming) the property journey can be. With a knack for making complex topics feel simple, Hannah focuses on sharing practical, down-to-earth advice to make daunting decisions feel a little less overwhelming.