Chris i spoke with you a while back about separation and what to expect. My husband would like to put an agreement

Expert's Assistant chat
Customer: Hi Chris i spoke with you a while back about separation and what to expect.
My husband would like to put an agreement together to state that should we decide to separate he does not want any portion of the property (as this was my property before we met)
how would we go about doing this. Is this something that we can write up and have witnessed at the courthouse by the JP?
Answered by Chris The Lawyer in 31 mins 2 years ago
imglogo
Chris The Lawyer
10+ years of experience
logo

42414 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Chris The Lawyer
10+ years of experience
logo

42414 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
Customer
He has said if a draft an agreement up he will sign it.
img

Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

img

Chris The Lawyer, Expert

You can enter a contracting out agreement under the Property Relationships Act, but each of you will need to have independent legal advice and the lawyer will need to certify that they have explained the effect and implications of the agreement to you. While you could have an ordinary agreement stating that he will not claim, unfortunately his rights under the act would enable him to renege on such an agreement, unless it was the formal contracting out agreement under the act. So to get an enforceable and solid agreement you have to go down the route of getting a formal agreement

Customer
Oh OK, so in short, even if we were to write one up, it would still need to be address by individuals lawyers so there is no option to renege?
img

Chris The Lawyer, Expert

You can certainly approach lawyers with the terms of the agreement, (which would certainly save some cost) but there must be certification by lawyers acting for each of you for this to be a valid and binding agreement

Customer
Ok that sounds good. I will talk to him about this. thank you for your help
img

Chris The Lawyer, Expert

Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer