
Property Investment
Property Investment
5 min read
Author: Ben King
Ben has 14 years of experience as a mortgage advisor and background as an investment adviser.
Reviewed by: Laine Moger
Journalist and Property Educator, holds a Bachelor of Communication (Honours) from Massey University.
So, you’re in a committed relationship, and things are going great.
You’ve said the “I love you’s,” and maybe even talked about moving in or getting married.
But now there’s one thing lingering in the back of your mind: “Should I get a prenup?” And, more importantly, “How do I bring it up?”
This is one of the most common (and awkward) questions people in serious relationships face.
Because on one hand … you don’t want to ruin the romance. On the other … you don’t want your new love taking half your assets.
So, in this article you’ll learn:
That way, you can protect your assets … while keeping your relationship happy.
You might know the term prenup (short for prenuptial agreement) from American movies.
Here in New Zealand we call them a Contracting Out Agreement or Relationship Property Agreement (RPA).
The law says that once you’ve lived together for three years (or even earlier in some situations) you must split your combined assets 50/50.
That includes:
… even if one partner brought more to the table financially.
That’s where a relationship property agreement comes in.
It lets you agree, in advance, how things would be split if you break up or one of you dies.
You can still go 50/50 – or come up with a custom arrangement that works for you both.
Either way … you get to decide what happens if you break up (not the government).
It’s probably safe to say you don’t want to drop the P-word on your first date.
But you also don’t want to wait until you’re three years in and legally locked into a 50/50 split. At that point, it often feels too late.
A good time to raise it is once you’re both serious about the relationship. Maybe that’s after the “I love you’s” but definitely before moving in or getting engaged.
I often say to investors, “Bring it up early and often.”
If your partner knows from the start that an RPA matters to you, they’re far less likely to feel blindsided later.
One of the biggest barriers in starting a conversation about a prenup is … not knowing what to say.
This isn’t a conversation you’re used to blurting out over brunch.
Here’s a soft, but clear script. You can adapt this to suit you:
“Hey, is now a good time to talk?
I’ve been thinking about something important.
I’ve worked hard to set myself up financially, and I’m proud of that. I love this relationship, and I really see it going somewhere.
But if we were to move in together or get married, I’d want us to get a relationship property agreement in place.
Now I could keep going, but what’s your initial reaction to that?”
I like introducing the idea and then saying: “What’s your reaction to that?” Because some people will say: “Fine, that makes sense” … and then that’s the conversation done.
But, if you get a negative reaction, then you can get a sense of where the conversation might go.
If you’re not naturally direct, try easing into the topic with something more casual:
But no matter how softly you start, you’ll need to say “I want one” at some point, so don’t be afraid to come back to that after a gentle opening.
If your partner stares at you in horror and says, “Oh, I’d never sign one,” then it’s time for a real conversation.
You might say:
“OK, what makes you say that?”
And then you might want to say something like:
“Getting one is really important to me. Is this a deal-breaker for you?”
You’re not issuing a prenup-or-else ultimatum, but you are laying down a boundary, and that’s OK and important to do in a relationship.
Some people will understand immediately; others may feel hurt or confused.
If they’re respectful, they’ll want to keep talking.
If they get defensive, dismissive, or manipulative … well, that tells you something too.
It’s best not to leave the relationship property agreement until the last minute.
Because if you and your partner have left the prenup for 2 years and 11 months ... their lawyers might say: “Why give up your legal rights now? Wait a month and you’ll get rights to their assets?”
It’s not nice, but it’s the lawyer's job to say things like that.
But, this is also why I say to investors … start the prenup process 6–12 months before you become de facto.
Legal stuff can drag out. One couple I know took 18 months to finalise theirs ... and signed it four days before their wedding.
No one needs that kind of stress leading up to their big day.
The cost of a relationship property agreement varies widely.
A simple agreement might start around $1,500 + GST, but more complex ones (involving trusts, businesses or multiple properties) can cost $10,000+.
You’ll each need to work with separate lawyers – that’s non-negotiable. If you don’t use separate lawyers, the agreement won’t hold up in court.
The cost of your agreement depends on:
Don’t forget: death ends a relationship too. So many RPAs cover separation and inheritance.
Yes, signing a prenup with someone you love is uncomfortable.
You don’t want to think about splitting up – you want to think about growing old together.
If your partner refuses to discuss or sign anything, it’s up to you to make the choice. Will you:
Ultimately, those are your two options because you’re the one who wants the prenup, not them.
And in getting a prenup you want them to move away from the default option, which is everything being split 50/50.
So because it’s you who wants to change from the default … it’s up to you to make the call on what to do next.
Break up, or ‘suck it up’.
That sounds harsh, but it’s true.
If you’re not OK with the risk, it’s your responsibility to leave.
I’m not a lawyer; I’m not selling prenups. I’m just telling you how the system works – so you can protect yourself inside it.
You don’t have to like the law, but if you ignore it you don’t get to opt out of the consequences.
Remember, a prenup isn’t about expecting the worst (you’re not pre-empting a divorce) it’s about protecting the best of what you’ve built – together and separately.
Ben has 14 years of experience as a mortgage advisor and background as an investment adviser.
Ben brings a wealth of experience to the table with his 14 years as a mortgage advisor and background as an investment adviser. His dedication to helping clients reach their financial goals is central to his work.