Application for leave out of time — relationship property proceedings — contracting out agreement — merits of case — independent legal advice — serious injustice — Property (Relationships) Act 1976, ss 1N, 21A, 21F, 21H & 21J — Ritchie v Ritchie [1992] NZFLR 266 — Coxhead v Coxhead [1993] 2 NZLR 397. This hearing was to determine an application for leave to bring relationship property proceedings out of time. The parties had been married and had separated in 2014. In 2020 proceedings under the Property (Relationships) Act ("PRA") were commenced, some three years out of time. The parties had also entered into a s 21A contracting out agreement, which divided the relationship property on a 75/25 basis in favour of the respondent. The applicant sought to have the agreement set aside on the basis of inadequate legal advice and serious injustice. The application in relation to the contracting out agreement was contingent on leave being granted to bring the proceedings. The Judge, in considering the leave application, looked at the reasons for the delay and whether the applicant's case had any merit. The Judge concluded that it was not the parties' fault for the delay, and determined it was likely that the applicant would be able to establish serious injustice pursuant to s 21J of the PRA. Leave to bring the substantive proceedings was granted. Judgment Date: 24 February 2021. * * * Note: names have been changed to comply with legal requirements. * * *