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Jessica
Consultant
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
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
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
Chris The Lawyer, Expert
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