D’Arcy Thomson Law

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D’Arcy Thomson Law D'Arcy Thomson Law is a boutique full-service law practice with offices in Christchurch and Rolleston, and serving clients NZ-wide.

23/10/2026
12/10/2026

Did you know marriage can cancel your Will?

In New Zealand, getting married or entering a civil union generally revokes your existing will, unless the will was made with that marriage in mind.

Life changes like marriage, separation, new babies, grandkids or buying a home are all good times to update your will.

When did you last look at yours? Message us to book a will review.

11/10/2026

Blended family? Your will and relationship property arrangements matter even more.

Without careful planning, children from an earlier relationship can miss out, or a new partner may be left in a difficult position.

We can help you plan for everyone you care about. Get in touch to arrange a time to discuss it further.

We're thrilled to welcome Laura to the Darcy Thomson Law team! 🎉 Laura joins us as a Senior Associate to help lead and g...
28/09/2026

We're thrilled to welcome Laura to the Darcy Thomson Law team! 🎉 Laura joins us as a Senior Associate to help lead and grow our Rolleston office.

Laura is experienced in all areas of property and commercial law and private client services. She lives in Rolleston with her family, so she knows the area well and loves being part of the local community.

Whether you're buying your first home, sorting your will or growing your business, pop in and say hello, or get in touch with Laura for friendly, practical advice.

We are so proud of Sam today, all suited and wigged and about to be admitted to the  Bar. Huge milestone, well done Sam....
11/09/2026

We are so proud of Sam today, all suited and wigged and about to be admitted to the Bar. Huge milestone, well done Sam. 👨‍⚖️🎓⚖️

Great to see our own Caryn Fortune getting a well-deserved shout-out! She's a fantastic advocate for her clients across ...
04/09/2026

Great to see our own Caryn Fortune getting a well-deserved shout-out! She's a fantastic advocate for her clients across property, subdivisions, and building contracts. We are proud to have her on the team at Darcy Thomson Law."

Get Auction Ready with Darcy Thomson Law for just $395 inc GST. A flat fee review covering everything you need to bid wi...
24/08/2026

Get Auction Ready with Darcy Thomson Law for just $395 inc GST.
A flat fee review covering everything you need to bid with total certainty:

✅ LIM + Title deep dive: flagging easements, encumbrances, and "gotchas" before they cost you
✅ Building Reports: we help you understand and consider the risks to make an informed decision
✅ Form + Content review: explaining the auction contract to you
✅ Side Agreements: we handle the fine print and negotiate any variations you need before you bid

Certainty of costs. Certainty of process. All the legal groundwork done, so you can focus on the bid.

📍 Christchurch & Rolleston
🌐 www.darcythomsonlaw.co.nz

Terms and conditions apply.

What happens when we separate? Do we really need a separation agreement? Dividing assets and relationship property isn't...
13/08/2026

What happens when we separate? Do we really need a separation agreement?

Dividing assets and relationship property isn't the same as being legally separated. Without a Separation Agreement, you're exposed to claims on your property, sometimes years down the track and you lose the certainty that lets you move on cleanly.

What Is a Separation Agreement?

A Separation Agreement is a written contract confirming that you and your ex-partner have separated and recording how your relationship property will be divided. It's the most common way to resolve relationship property matters without going to the Family Court.

What Counts as Relationship Property?
Under the Property (Relationships) Act 1976, relationship property generally includes assets and debts acquired during the relationship, such as:
• The family home, regardless of whose name is on the title
• Other property interests
• Bank accounts and savings
• KiwiSaver
• Vehicles and personal items
• Business interests or investments acquired during the relationship
• Relationship debts
Separate property (owned before the relationship, or inherited, for example) can become relationship property depending on how it was used or mixed in during the relationship, so getting the classification right matters.

Why a Separation Agreement Matters
A well-drafted agreement gives you immediate clarity on who keeps what and helps prevent disputes or surprise claims later. It also means banks, lawyers, and other third parties can rely on it when refinancing or transferring property. Most importantly, it lets you both move forward with confidence.
A few reasons it's worth the cost, beyond simply ruling out a future claim:
• Some solicitors won't release the net sale proceeds without one. If a solicitor pays out net sale proceeds and one party later claims they weren't entitled to that split, the solicitor who released the funds can potentially be pursued too. In practice, a signed agreement is often a prerequisite to getting the money released at all.
• It severs them financially, not just legally. Even after you've sold the family home, if you haven't signed a separation agreement, your ex-partner could still make a claim, for example, against your KiwiSaver, two years later. A signed agreement closes that door.
• It's cheap insurance against a much bigger cost. If a dispute did arise down the track, resolving it without a binding agreement in place is an expensive process.

What Makes It Legally Binding?
For a Separation Agreement to be enforceable, you and your ex-partner must each:
1. Receive independent legal advice from your own lawyer (not the same lawyer for both of you), and
2. Sign the agreement in front of that lawyer, who certifies they've explained its effect and implications.

If these steps aren't followed, the agreement won't meet the requirements of the Act, and won't be binding.

Can a Justice of the Peace Sign a Separation Agreement?
No. We've seen a growing number of clients ask this, so it's worth addressing directly: a Justice of the Peace cannot certify a Separation Agreement. The Act requires certification from an independent lawyer who has explained the agreement's terms to each party, a JP doesn't meet that requirement, no matter how the document is witnessed.

What Happens If There's No Agreement?
Without a valid Separation Agreement or Court order, the default position under the Act applies: relationship property is generally divided 50/50. If you and your ex-partner can't agree, the matter may need to go to the Family Court. Most couples prefer to avoid that route, opting instead for a negotiated, properly documented agreement.

Talk to Us About Your Separation Agreement
Everyone's circumstances are different, and getting the agreement right the first time is far cheaper than untangling a dispute later. If you're separating and unsure where to go from here, get in touch with our family law team for a confidential chat about your options.

We're proud to share that Prue Miller, Director at D'Arcy Thomson Law, will be speaking about the key legal consideratio...
07/08/2026

We're proud to share that Prue Miller, Director at D'Arcy Thomson Law, will be speaking about the key legal considerations for property investors, including practical advice to help you make informed decisions and protect your investment.

📅 Tuesday, 11 August 2026
🕕 6:00 pm
📍 Wigram Air Force Museum, Christchurch

Whether you're purchasing your first investment property or looking to grow your portfolio, this is a great opportunity to gain practical insights and have your questions answered by industry professionals.

We look forward to seeing you there!

Wow first home buyers represent almost one third of the buying market!
29/06/2026

Wow first home buyers represent almost one third of the buying market!

The housing market is in a funk - but one group is doing better than others.

Address

Level 3, 50 Victoria Street
Christchurch
8013

Opening Hours

Monday 8:30am - 5:30am
Tuesday 8:30am - 5:30am
Wednesday 8:30am - 5:30am
Thursday 8:30am - 5:30am
Friday 8:30am - 5:30am

Telephone

+6432817722

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