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In a 2008 case (Hanks v Hanks) in the Hamilton Family Court, a Contracting Out Agreement (pre-nup) was held void because the lawyer did not provide adequate legal advice.  There was no advice about the effects and implications of the agreement, or how far the agreement deviated from the entitlements under the Property (Relationships) Act, or the wisdom of entering into the agreement.

Another case in 2009 held that the Contracting Out Agreement was void because the lawyer did not provide adequate advice to the husband.

Once the agreement is held void it is as though the agreement never existed.  The purpose of a Contracting Out Agreement is to provide you with clarity and security for your future.  If you want peace of mind that your assets are protected, it’s important to make sure both you and your partner/spouse get good legal advice.  That’s why I recommend you and your partner/spouse seek legal advice from a lawyer that specialises in relationship property.