For many New Zealanders, moving to London for their OE (Overseas Experience) is a rite of passage. Some stay for a few years to enjoy easy access to Europe and the opportunity to advance their careers, while others find themselves settling down, buying property and starting a family. As a result, if a relationship comes to an end, separation can become more complex where assets are located across both New Zealand and England & Wales.

If you area Kiwi living in the England, here are some key issues to consider when resolving your financial matters.

1.     Determining jurisdiction - whether financial matters should be dealt with in New Zealand or in England and Wales.

This depends on a variety of factors, namely where you and your children live and where your assets are primarily located. Determining which jurisdiction is best placed to deal with your case is important, as the legal approach to dividing assets differs between New Zealand and England & Wales. The key legislation in New Zealand is the Property (Relationships) Act 1976, whilst the Matrimonial Causes Act 1973 applies in England and Wales. One of the most significant examples of the differences between the two is that in New Zealand the court can make the same orders for division of assets for de facto couples (i.e. cohabitants) who are in a qualifying relationship, as those who are married. In terms of approach to division of assets, the English court’s primary focus is often on ensuring each of the parties’ needs are met, whereas in New Zealand the starting presumption is that relationship property should be divided equally. Therefore, it is important to obtain advice on the appropriate jurisdiction, as the same asset pool could potentially have a different outcome in terms of division.

 2.     Overseas Assets

In resolving your finances whether it be via Non-Court Dispute Resolution (NCDR) or court proceedings, parties are required to provide full disclosure of all their assets and liabilities, regardless of where they are located. For Kiwis living in England or Wales this may include any property, bank accounts, investments, business interests and family trusts in New Zealand, as well as your Kiwi Saverscheme.

For Kiwis who have returned to New Zealand and are resolving their finances there, the same obligation of full disclosure applies. However, the New Zealand court only has jurisdiction to make orders in respect of movable property located overseas (such as bank accounts and investments), rather than immovable property such as land and real estate. Therefore, the location of the family home, which is often the most significant asset in the asset pool, is a key example of why jurisdiction can be so important. There is a residual jurisdiction in England to deal with assets after an overseas divorce, and the location of the family home in England would give the English court jurisdiction.

Depending on the circumstances of your case, expert valuations may be required in one or both jurisdictions, particularly where assets such as property, pensions, businesses or trusts are involved.

3.     Tax consequences

The UK and New Zealand have different tax regimes, meaning the transfer or disposal of assets may have different tax consequences in each country. For example, sale or transfer of assets may have capital gains tax (CGT) implications in the UK. In contrast, while certain gains are taxable in New Zealand (for example under the bright-line and other land taxing provisions), there is no comprehensive CGT ^[1]. Taking advice from experts familiar with both jurisdictions can help avoid unexpected and potentially costly consequences.

4.     The value of cross-border advice

The points outlined above are just some of the factors to consider when separating with assets in both New Zealand and England and Wales. For Kiwis living in London, advice from professionals familiar with both jurisdictions can help you understand your position and help you make informed decisions at the outset.

Separation is never easy, particularly when your life, family and finances are spread across two hemispheres. For Kiwis with ties to both New Zealand and England, taking the time to understand your options can help you navigate the next chapter with greater certainty.

^{[1] There is a New Zealand General Election in November 2026. This article reflects the position at the date of publication and should not be relied upon as a substitute for tailored legal or tax advice.}

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