I think of a Contracting Out Agreement (Pre-Nup) like wearing a seatbelt. You put the seatbelt on before you drive off because you know it keeps you safe just in case there is an accident. It doesn’t somehow curse you into having a crash.

I know some people believe that having a Contracting Out Agreement means that you start the relationship with the idea that it won’t last and therefore, it won’t last. I don’t see it that way. I think most people hop in the car and put on a seatbelt as protection but that’s all it is, protection just in case they crash. When I put on a seatbelt, it doesn’t mean I think I will crash and therefore I will.

I’ve mentioned it before, getting a Contracting Out Agreement is very similar to an insurance policy. You don’t take out an insurance policy for fire on your house and then just because you have fire insurance, you have a fire. The fire insurance is just in case the worst thing happens. It doesn’t mean that you think you will have a fire.

That is the same with a Contracting Out Agreement, having one doesn’t mean you think your relationship won’t last. It’s just an insurance policy, just in case.  Even if you are 100% sure that your relationship will never end, you never know when one of you will pass away.  It’s always good to prepare for the worse.  For example, what if your partner passed away tomorrow, his/her estate could seek half of your assets.  Would you be prepared for that?

Most people in New Zealand wouldn’t drive without putting on their seatbelt. They know that anything can happen and they want to be prepared for the worst-case scenario. They are sure that everything is going to be fine as they drive around town and they are sure they won’t crash, but just in case they put on the seat belt.

Most Kiwis wouldn’t leave New Zealand without travel insurance yet they don’t think that getting insurance is going to curse their holiday. In fact, it is the opposite they believe the insurance is going to ensure they have a great holiday and they are going to have the best time ever. That’s the same with a Contracting Out Agreement, you are enjoying your relationship and you are going to have the best time together but it’s also good to be prepared, just in case.

Hayley Boud

Hayley Boud


Your Caring Relationship Property Lawyer, specialist in Contracting Out Agreements (Pre-Nups)