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When Equal Sharing is Unjust - Section 13 PRA 2025

Published: 05-11-2025 Authors: Katie Hollister-Jones, Ben Jefferson Pages: 26
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Authors: Katie Hollister-Jones, Ben Jefferson
Published: 5 November 2025
Pages: 26

Introduction

It is now relatively common knowledge, that when a qualifying relationship comes to an end (either by separation or on death of one of the parties) pursuant to the Property (Relationships) Act 1976 (the Act), all relationship property is presumed to be divided equally between the parties if the relationship has lasted for more than three years.

Section 13 of the Act, represents a departure, available only in limited circumstances, from the default of equal sharing.

Since the former Matrimonial Property Act 1976 (the 1976 Act) came into force almost 50 years ago, there has been a growing appreciation of the need to recognise a broad range of contributions to a relationship (both financial and non-financial) in order to arrive at a just division of property at the end of the relationship (either by virtue of separation or death).

Content outline

  • Introduction to s 13
  • The test
  • Strategic use in practice - when should I be considering s 13?
  • Conclusion and best practice recommendations
  • Other authorities
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HOLLISTER-JONES Katie-879 JEFFERSON Ben-528  
Katie Hollister-Jones
Tompkins Wake
Rotorua		 Ben Jefferson
Haigh Lyon
Auckland		  

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