Bay of Plenty Times
  • Bay of Plenty Times home
  • Latest news
  • Business
  • Opinion
  • Lifestyle
  • Property
  • Sport
  • Video
  • Death notices
  • Classifieds

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • On The Up
  • Business
  • Opinion
  • Lifestyle
  • Property
    • All Property
    • Residential property listings
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
  • Sport

Locations

  • Coromandel & Hauraki
  • Katikati
  • Tauranga
  • Mount Maunganui
  • Pāpāmoa
  • Te Puke
  • Whakatāne
  • Rotorua

Media

  • Video
  • Photo galleries
  • Today's Paper - E-Editions
  • Photo sales
  • Classifieds

Weather

  • Thames
  • Tauranga
  • Whakatāne
  • Rotorua

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Bay of Plenty Times / Business

Call on expert after a breakup

NZME. regionals
3 Jun, 2016 12:52 AM3 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Could you explain to me what portion of my KiwiSaver is regarded as relationship asset? I can't seem to find a clear answer from anyone about this. I entered the scheme in 2009 after the relationship began and the relationship ended in July 2015.

In a situation like this it is always advisable to talk to an expert rather than rely on the opinion of people who may not be qualified to give advice.

I asked lawyer Emma Dale, senior associate with Chapman Tripp in Auckland, to comment.

She replied: "A KiwiSaver scheme balance is no different to any other asset (such as a house or bank account balance) to be considered in a relationship property settlement.

My understanding is that it is the whole balance that will be considered (including government contributions and any employer contributions, along with the member's own contributions).

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

"However, it is up to a court to decide what part of the balance should be paid to the ex-spouse to form part of the settlement. The court may decide that only the member's own contributions can be withdrawn and paid to the ex-spouse as part of the relationship property settlement. Whatever is specified in the court order will be what can be paid out. But in terms of working out the settlement, my understanding is that it is the whole balance that is considered to be the asset."

Recovering from a relationship breakdown is challenging, both emotionally and financially. Perhaps understandably, many people enter into a relationship without thinking about the consequences should it fail.

The Property (Relationships) Act applies to couples who have been in a de facto relationship for at least three years, or less than three years if they have a child. It also covers married couples and couples in a civil union.

Advertisement
Advertise with NZME.

The Act is based on the principle that both individuals in a relationship are equal, that both financial and non-financial contributions to the relationship should be treated equally, and that the division of property should take into account any economic advantages or disadvantages that one party may have as a result of the relationship.

Many couples come to an agreement between themselves as to how they will divide their property.

If a couple applies to the Family Court because they cannot agree on the division of joint property after separation, the court will generally determine that the relationship property be divided evenly between both parties.

The act presumes that each partner contributed equally to the relationship, even though that may be in different ways, and aims to provide a just division (almost always equal) of the relationship property when the relationship ends.

The only way to prevent the act from applying is for a couple to enter into a contracting-out agreement.

Discover more

Air NZ sale of Virgin gets a lift

31 May 10:38 PM

Diplomats pop in to see regional businesses

01 Jun 07:30 AM

Hydropower projects in full flow

03 Jun 06:00 AM

This allows them to make their own rules about the ownership of your property (including future property) and how it is to be divided if the relationship ends.

You would be wise to get legal advice on your situation.

If your budget is limited, you can start by talking to someone at your nearest Community Law Office.

- Shelley Hanna is an Authorised Financial Adviser FSP12241. Her free disclosure statement is available on request by calling 06 870 3838 or go to www.peak.net.nz. The information in this article is general and is not personalised. Send your KiwiSaver questions to shelley.hanna@peak.net.nz.

Save

    Share this article

Latest from Business

Bay of Plenty Times

The secret sauce of the bar named NZ's best

08 Jul 10:00 PM
Premium
Opinion

Balancing power: What the employment law changes mean for you

06 Jul 05:00 PM
Bay of Plenty Times

Data show more Kiwis struggling to pay bills, behind on mortgage payments

30 Jun 09:57 PM

From early mornings to easy living

sponsored
Advertisement
Advertise with NZME.

Latest from Business

The secret sauce of the bar named NZ's best

The secret sauce of the bar named NZ's best

08 Jul 10:00 PM

'I’ve always wanted to be called an institution – that’s my goal.'

Premium
Balancing power: What the employment law changes mean for you

Balancing power: What the employment law changes mean for you

06 Jul 05:00 PM
Data show more Kiwis struggling to pay bills, behind on mortgage payments

Data show more Kiwis struggling to pay bills, behind on mortgage payments

30 Jun 09:57 PM
Premium
High-profile Tauranga retail site sold for $18.6m to local investors

High-profile Tauranga retail site sold for $18.6m to local investors

30 Jun 01:28 AM
Solar bat monitors uncover secrets of Auckland’s night sky
sponsored

Solar bat monitors uncover secrets of Auckland’s night sky

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • Bay of Plenty Times e-edition
  • Manage your print subscription
  • Manage your digital subscription
  • Subscribe to Herald Premium
  • Subscribe to the Bay of Plenty Times
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • Bay of Plenty Times
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP