1. Negotiate and decide with each other, before meeting your lawyers
The number one reason people pay more than expected for certification is negotiating or changing key terms after lawyers become involved.
At Agreeable, we strongly recommend that both partners take an active role in drafting and reviewing the agreement before beginning the certification process. If you have complex assets such as businesses or trusts or you are not yet aligned on how assets should be divided, it may be best to obtain legal advice before starting certification. Agreeable will let you know if this applies in your situation.
However, if you are both clear on how you wish to divide your property, a streamlined and lower-cost certification process (like Agreeable’s) is usually appropriate. To keep costs down, you should:
- Carefully read the draft agreement
- Agree on all key details in principle
- Finalise your position before meeting your certifying lawyers
Taking these steps can save thousands of dollars and significantly reduce stress.

2. Include all financial assets, even those you’ve verbally agreed on
It may seem simpler to leave certain assets out of the agreement, but this often creates more complexity and cost. Lawyers must understand why assets have been excluded, which can slow the process.
Importantly, any assets not expressly dealt with in the agreement will remain relationship property and may be subject to a future claim by either party.
For example, if you leave personal bank accounts out of the agreement, they will likely remain relationship property meaning each party may retain a 50% claim to all such accounts. If your intention is to keep those accounts separate, a verbal agreement will not provide certainty or protection.
Alongside the Family Home, Agreeable generally recommends addressing:
- All bank accounts
- Kiwisaver accounts
- Share portfolios
- Debts (including credit cards and student loans)
- Any other financial assets
In most cases, it is better to be comprehensive than to risk uncertainty later.
3. Prepare and provide full disclosure of the value of your assets
Both lawyers will require disclosure of documents proving the value of the assets in the agreement. Without disclosure, the lawyers simply cannot advise you on your entitlements under the Act.
Withholding disclosure, or waiting until the lawyers have to track it down, will only slow the certification process and increase costs. Agreeable regularly saves Kiwis thousands of dollars on certification by helping you prepare your disclosure documents before you meet with your lawyers. Get in touch with our team at any stage if you are unsure on what you will need to disclose.
4. Do your research and use the helpful resources available online
Reading this article is a great start, and we encourage everybody to do some reading before starting on their agreement. The more knowledge you have on what is required, what isn’t required, and how the process works, will only help you get sorted faster and at a lower cost.
To start you off, here are a few great online resources you can use today:
- Agreeable’s guides to relationship property agreements (prenups) and separation agreements.
- MoneyHub’s guides to prenups and separation agreements
- The NZ Law Society on dividing relationship property
5. Expect full advice from your lawyer, not just a quick signature
Your certifying lawyer is professionally obligated to ensure that you understand the effect and implications of the agreement, and that you understand the entitlements that you or the other party are giving up. To do this, the lawyer will have to take a bit of time to review the agreement, your circumstances, and give you advice, which may alter your understanding of the situation.
It’s important not to expect short-cuts, or to take them, at this stage. If you seek certification, you are paying for the protection of a legally binding document, not just a quick box-ticking exercise. At Agreeable, our certifying lawyers are experts in the field, with a focus on being pragmatic – however, trying to rush through your certification process only risks more cost and a potential dispute down the track.
