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Access your KiwiSaver with a Family Court Order

Separation can put real pressure on your finances. Legal fees, moving costs, and setting up a new home all add up fast. What many people don’t realise is that KiwiSaver isn’t locked away forever—you may be able to withdraw some or all of it after a separation with a Family Court order. 

At Clean Break, we help you understand whether this option is available to you, and how it can support your transition into your new life. 

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Why consider a KiwiSaver withdrawal
after separation?

A withdrawal can give you access to funds when you need them most—right after separation, when cash flow can be tight and expenses unpredictable. 

Setting up a new home is one of the biggest post-separation costs. KiwiSaver funds can help you with a new deposit, secure a rental bond, buy essentials or lower your on-going mortgage payments. 

If contributions to KiwiSaver were made during the relationship, a withdrawal can help ensure an equal and practical division of assets — without extra loans or stretching your budget.

Using KiwiSaver strategically can create space to rebuild, plan, and move forward with confidence—without sacrificing your long-term financial wellbeing. 

A Family Court order gives clarity and certainty. It lays out exactly what can be withdrawn and when, so you’re not left trying to negotiate with your provider or former partner. 

Who Might Need This Service?

  • If you and your ex have unequal KiwiSaver balances.  
  • If you (or they) have limited cash to buy another home.  
  • If you want to avoid being forced to sell the family home. 
100% success rate

Our KiwiSaver Withdrawal Application Service

For $2,490 + GST + the Ministry of Justice filing fee (currently $798), Clean Break makes the process simple and transparent.  

Our fixed-fee service includes: 

  • Advising on the required wording to include in your relationship property agreement. 
  • Preparing and finalising all the documents needed for Court. 
  • Liaising with both you and your ex to ensure all court documents are signed properly. 
  • Filing the application and complimentary follow-ups with the Court to chase the order if required. 
  • Sending you the final order and advising on next steps. 

Eligibility 

To be eligible for this fixed fee, you must have a fully compliant relationship property agreement with your ex-partner signed with lawyers. The fee does not cover the cost of any Court appearance or independent advice on an agreement. Only the portion of your or your ex’s KiwiSaver accrued during the relationship can be withdrawn. 

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Get Started

Ready to finalise your separation and divide your KiwiSaver fairly? Book a free 15-minute call.  

Our team will guide you through the process, prepare the necessary documents and liaise with the Court so you can move forward with confidence. 

Read why so many people recommend us.

Trusted by Clients, Respected in Court

Provided me with clear direction and purpose

I can’t thank Sarah enough for her amazing support during a difficult time in my life. I was going through a separation, totally unsure of what steps to take next.

Sarah was not only thoroughly professional and efficient, but she also provided me with clear direction and purpose when I needed it the most.

I highly recommend Sarah to anyone in need of legal assistance.

Nigel B, Nelson.

She was professional and I felt completely confident with her advice

Prior to working with Sarah after a relationship break up, I had been unsure of my rights and this was incredibly troubling and unsettling (to say the least!). I was being given advice from people with good intentions but not necessarily qualified legal knowledge so I knew I needed to do something more about this. Emotions were high and a real sense of helplessness and foreboding was clouding my judgement and well being.

After meeting Sarah, I had a direction that we were going to work towards. We had a thorough chat which outlayed details about what our relationship had entailed and where this left me. Our separation was not simple as there was a Family Trust among all the other things, so we had a lot of toing and froing as Sarah communicated with the lawyer representing my Ex.

Some curve balls were thrown my way and Sarah had a very concise and constructive response to any of my questions. We tried to negotiate at a pre court arrangement with a Judge and we were offered a cheeky payout deal. Sarah stood up for me. Even after the Judge suggested it would be easier to take it than to go to Court, Sarah argued that the law stated this and that, and settling well below was not an option for us. And it was the ‘us’ term that I felt. We were doing this together.

Standing our ground and knowing what my rights were was a real game changer. I was also encouraged to weigh up the emotional cost of this all. Sarah took a lot of that strain off my shoulders by being very ‘matter of fact’ with me. This is an incredibly taxing journey to go on, and understanding that neither myself or Ex were going to get exactly what we wanted was important to remember. We settled out of court and it was a huge relief!

Moving on, I have a new home, a new life and the weight and pressure has been lifted. Sarah showed me skills about how to safeguard myself and I now have some life experience to share with anyone who may think that the relationship they are in is as good as it will ever get! My advice is that if this voice is saying this to you, then life is better when you are out!

Sarah welcomed support from my whānau as some meetings we had were going to be very thorough and I thought I might need another set of ears to help me remember what had been said.

Sarah was well organised, she was professional and I felt completely confident with her advice and knowledge she shared.

If anyone is needing guidance, advice or a fabulous lawyer, I highly recommend Sarah.

Philippa J, Auckland.

If I had not connected with Sarah, I believe my case would not have gone anywhere

I had a relationship property case I had been struggling to get anywhere with another lawyer for over 2 years. Once I connected with Sarah my case was prioritised and I finally felt I had someone on my side. Sarah was methodical and organised and really took charge – she followed up with anything that was waiting to be addressed and collated affidavits and evidence on my behalf. As it was nearing 3 years since the separation, Sarah requested a judicial conference which led to the case being settled.

If I had not connected with Sarah, I believe my case would not have gone anywhere, too much time would have passed, and I would have walked away without what was lawfully and morally mine.

The support Sarah gave me through this extremely difficult period meant so much to me – when she phoned to tell me the offer had been accepted, I could hear in her voice that she was truly as ecstatic as I was to finally have closure.

I would highly recommend using Sarah’s services, she gives sound legal advice and was able to get me a fair settlement.

Anonymous, Motueka.

I highly recommend Sarah

I came to Sarah for help with my relationship property; it wasn’t a straight forward case however she knew exactly how to help whilst still keeping my best interests at heart. Sarah really listened to me and what I was trying to achieve in my situation, made sure I was well aware of my rights, and worked to deliver the best possible outcome. I never had any doubts with Sarah and knew that throughout the entire process I could trust her in ensuring my interests were as protected as possible. Sarah nailed the contract and both parties were happy with the outcome. I highly recommend Sarah as someone knowledegable, respectful, hard working and who listens and really understands her clients.

K.C, Christchurch.

I was incredibly lucky to have Sarah help me

I found myself in the unfortunate situation of splitting up with my partner and having to determine what to do with our shared property. The process was obviously new to me and incredibly overwhelming. Between the negotiations, re-financing, and contracts, I was completely lost and pretty hopeless about the situation ending positively.

I was incredibly lucky to have Sarah help me through this process. I genuinely felt like she had my best interests in mind, she knew exactly what to do during the countless road bumps we encountered, and she was incredibly communicative and available any time an issue would arise. I honestly can’t imagine navigating that situation without her help – especially having it resolved in such a fair, respectful, and professional way. I seriously can’t recommend Sarah enough.

Ben B, Raglan.

I can confidently say that things improved very quickly

Before working with Sarah, I was feeling stuck and uncertain about the journey of a marriage separation. I had another lawyer beforehand who didn’t really work with me to guide me through a challenging part of my life. But after my collaboration working with Sarah, I can confidently say that things improved very quickly. She personally made a significantly challenging moment become so easy and with such smooth communication made me not worry at all.

Working with Sarah was seamless and enjoyable considering the situation. I particularly appreciated her knowledge and skills e.g. attention to detail, creative approach, patience. Her ability was very impressive and helped me achieve a desired outcome.

Now we have completed our journey I feel relieved, empowered and excited to have everything behind me. I’m grateful for the experience and the results we achieved together.

Zane L, Nelson.

It’s a relief to know there are people like Sarah

I never thought I’d engage a relationship property lawyer, let alone wish to write a review for one. Life, however, can serve up the unexpected and it’s a relief to know there are people like Sarah ready to stand by you if it does. Sarah had the knowledge and experience to navigate the legal intricacies of my case, but more importantly expressed the necessary temperament and judgement to achieve a positive outcome. I felt secure knowing Sarah was not simply correct on any given matter (she was!), but that she would skillfully advance what was right, all while being incredibly, incredibly efficient and prompt. Choose Sarah. She’s one of the best.

C, Wellington.

Diligence to ensure I received the fairest settlement

I engaged Sarah as my lawyer through word of mouth early in my separation. It became quickly apparent to me that she was going to become a safe pair of hands in a frequently overwhelming situation. Honestly I can not recommend Sarah highly enough. Her pragmatic and fair approach sat well with my values to ‘take the high ground’, and be fair and truthful in all transactions and intentions. Sarah somehow thought the same way as I did and was able to see the direction things could be heading and cut them off quickly.

I really appreciated how Sarah clearly explained the legal side of things, so I completely understood my position and was in a position to make decisions for myself. Separation from a long term partner is an extremely stressful situation. Often things start out amicably, but deteriorate even with the best intentions.

Well meaning people speak negatively about lawyers and their intentions. I never felt that way about Sarah. She was a complete rock and I felt grateful to have her in my corner during that very protracted difficult period. Sarah’s diligence to ensure I received the fairest settlement was clear right through the process and she worked hard to achieve that for me.

I unhesitatingly recommend Sarah to anyone who is looking for a safe pair of legal hands. 5 stars.

S.G, Christchurch.

I had someone in my corner

I read a few of the testimonals other people have given to Sarah when I was trying to write this. It’s all true. I had the same experience they did.

I felt so lost until I sat down with Sarah. She clearly outlined my rights. And I think the biggest thing to come from it was I had someone in my corner.

So thank you, Sarah.

Ryan E, Nelson.

The perfect fit

I am very very happy to work with you Sarah. I don’t believe anyone else in the region would be as perfect a fit for me.

You’ve given me a glimpse of calm and maybe even hope that I haven’t had in years.

C, Richmond.

Our Guarantee

You can be confident in your choice with our 30-day money back guarantee. If you aren’t happy in your first 30 days, tell us why. If we can’t fix it and you need to fire us, (provided we haven’t already signed your agreement) we will refund you everything you have paid. We will also point you in the direction of another good lawyer who might be a better match.

Make Appointment

PO Box 33, Nelson, 7040
3/63 Collingwood Street, Nelson

Phone: 03 539 1030

Separation doesn’t have to feel overwhelming.

Our Clean Break Roadmap is your step-by-step companion through the process — packed with plain-English advice, checklists, and flowcharts to help you move forward with confidence. We’ll also send you ongoing tips and resources to make the journey a little easier.

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