0800 CODR 00 (0800 2637 00) info@codr.co.nz
Please find your Relationship Property Agreement below

Please call 0800 CODR 00 (0800 2637 00) at any time if you have any questions

What happens if my lawyer refuses to certify?

In the context of contracting out agreements, there is greater future implications and additional risks which our lawyers are looking to provide independent advice as to whether a party should or should not sign the agreement. Our lawyers understand that these contracting out agreements inevitably depart from what the law provides for the division of relationship property but may recommend that
In the event that a lawyer does not wish to certify your agreement for one party, CODR will refund you the invoice for certification less any costs already incurred in the process, in order to cover our admin costs and the costs with the lawyer as they will have already taken time with you or in preparing for the certification.

What happens after we have a certified agreement?

This depends on the purpose in which you got the agreement. For couples who have a family home or properties, this may include showing the agreement to the bank if there’s a mortgage or a conveyancing lawyer to change the title on the property to one party only. It may include showing your KiwiSaver Scheme Manager if you need to access or split funds.

How long does the certification process take?

If the agreement and your situation is standard, it should take no more than an hour for each party to certify with our lawyers. From receiving payment of your invoice, to the completion of the certification, CODR aims to take no more than one or two weeks (as the agreement goes to both parties to sign consecutively).

What documents will the lawyers need to see?

Our lawyers will make sure partners properly disclose to each other all relevant information about their property and will let you know documents they need prior to or during certification to be confirmed after.

We cannot afford the fee for certification. Is CODR flexible with payment?

In situations where partners are serious about getting their agreement certified but cannot pay the fee upfront, CODR may be able to consider part-payment. Please contact CODR staff to discuss your situation.

What happens if we pay for certification and decide not to go ahead with it?

CODR will refund your certification less any costs CODR has incurred in securing lawyers for your certification. Please see CODR Terms and Conditions for more information.

How do I sign the agreement online?

CODR uses a software which allows you to sign the agreement directly. This can be using your finger on a touchpad, or directly on screen if you are using a tablet device, or your mouse to draw your signature. If you have a saved signature you can also use this if you have it saved in an accessible format.

What do I need to complete the certification?

You will need an up to date browser (we recommend Google Chrome, Firefox or Safari), working internet, web-cam and mic functionality on your device. We strongly recommend a laptop or computer for the best visual experience.

Where do I need to go for the certification?

Nowhere in particular! CODR provides all services completely online.

What if my partner is based overseas?

The jurisdiction of the Property Relationships Act 1976 relates only to New Zealand. There is very little law on this issue regarding overseas assets or when your partner is based overseas. Please contact CODR staff to discuss your situation.

What if we disagree or need to change the agreement during the certification?

It often happens that one of the party’s independent lawyers will suggest edits or variations to the agreement or suggest that an extra clause be added (for reasons such as protecting the party or ensuring that it is fairer to them). This should be expected as that is the purpose of the certification stage –

Do we need legal advice before certification?

Sometimes our lawyers will not certify an agreement which they deem to be unfair to one party and will strong advise against it. While the decision ultimately resides with the party, this may mean our lawyers request that this party obtain legal advice prior to an agreement being certified.

Can we get a JP or friend to witness this for the “certification” stage?

No. Under the Property Relationships Act 1976, this must be a lawyer knowledgeable in relationship property and family law to certify.

We completed the agreement! What happens next?

The next stage is certification. This means that both you and your partner require independent lawyers who are knowledgeable under the Property Relationships Act 1976 to sign and witness your signature on this agreement. Part of the certification process will also be providing some advice as to whether or not you should sign, or whether alterations might be included to better protect you in this agreement based on your obligations or entitlements under the Act.

What if my partner does not agree?

Unfortunately, this process is voluntary for couples. This means if one party does not want to sign, you may have to go to the Family Court or suggest alternative options such as mediation in relation to your relationship property dispute.

How can I be sure that this agreement is fit for my purposes?

If you are unsure about whether this agreement fits your situation, please contact one of CODR’s staff or enquire through our online form.

What happens if we purchase the agreement, but decide not to use your service for certification?

That is fine. It is up to you which lawyers you engage to certify your agreement. You may be able to use our agreement with another local law firm.

Do we need legal advice before getting the agreement?

This depends on your situation. Some partners with complex assets or needs may well be encouraged to obtain legal advice (as the certification stage provides for only limited legal advice relating to whether the party should sign).

Can we create our own agreements?

We encourage you and your partner to come to some terms of agreement before you start the agreement process. However, in order to use our certification service online, we require that our agreements (or an agreement drafted up by a lawyer) is used. This is because our lawyers certifying is aware of and endorse our agreements. While there are additional costs to getting our agreement, this may be considerably less than getting one drafted entirely by a lawyer. We believe that our option combines both the flexibility and affordability of creating your own, with an automated template which will ensure your agreement is in correct form and covers all the relevant sections to be certified. Where your situation is more complicated than our standard agreements, please contact one of CODR’s staff to proceed with appropriate variations or additions.

How long does it take to complete the agreement?

This will vary between couples and will depend to an extent how complex your situation is. However, generally it takes no longer than 30 -45 minutes to complete for most couples.

What if I don’t own a credit card. How do I get the agreement?

CODR can provide invoices or direct bank transfers. Please contact one of CODR’s staff to get this sorted and we can provide a link to the automated agreement.

How much does the agreement cost?

It costs $345. This is payable directly on our website.

The agreement is in the form of prompted questionnaires that partners work through. What if we make a mistake or need to go back?

That’s no issue. Any changes can be made the agreement as it will be downloadable as a Word document.

What is included in this agreement?

Our agreements cover the following range of situations including for partners who have children, own a family home or other chattels, and debts. Please see our agreement pages for samples of our agreements.