
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.
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 It lays out exactly what can be withdrawn and when, so you’re not left trying to negotiate with your provider or former partner.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.

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.

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.
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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.