Affidavit Of Cohabitant Template for New Zealand

An Affidavit of Cohabitant is a sworn legal statement that formally declares the existence and nature of your de facto relationship in New Zealand. This document provides crucial evidence of your cohabiting relationship status and is often required for various official purposes including immigration applications, property matters, and financial arrangements.

When do you need this document?

You'll need an Affidavit of Cohabitant when applying for partner visas or resident status in New Zealand, as Immigration New Zealand requires proof of genuine and stable relationships. Property disputes or settlements under the Property (Relationships) Act 1976 also commonly require this document to establish relationship duration and living arrangements. Financial institutions may request this affidavit when applying for joint loans, mortgages, or insurance policies. Additionally, government agencies often require relationship proof for benefit applications, tax purposes, or when claiming dependent status for your partner.

Key legal considerations

The affidavit must contain specific declarations about your relationship's nature, including how long you've lived together, whether you present as a couple publicly, and details about shared financial responsibilities. Under New Zealand law, making false statements in a sworn affidavit is perjury, which carries serious criminal penalties including imprisonment. You must provide accurate information about both partners' personal details, occupation, and current addresses. The document should clearly outline the characteristics of your de facto relationship, including shared household responsibilities, joint decision-making, and the degree of commitment between partners. Remember that this sworn statement may be scrutinized in legal proceedings, so all information must be truthful and verifiable.

Legal requirements in New Zealand

Under the Property (Relationships) Act 1976, a de facto relationship is defined as a relationship between two people who live together as a couple but are not married or in a civil union. The relationship must have lasted for at least three years, or shorter if there's a child involved or significant contributions to the relationship. Your affidavit must be sworn or affirmed before an authorized witness as required by the Oaths and Declarations Act 1957. Acceptable witnesses include Justices of the Peace, solicitors, or Commissioners for Oaths. The document must follow the formal structure required for affidavits, including the proper opening declaration and verification clause. Evidence Act 2006 governs how this document may be used in court proceedings, ensuring it meets admissibility standards for legal evidence.