Affidavit Of Cohabitation Template for New Zealand

An Affidavit of Cohabitation is a sworn legal statement that formally documents your living arrangement and relationship status with your partner under New Zealand law. This document serves as official evidence of your de facto relationship and is recognised by courts, government agencies, and other legal entities when proof of cohabitation is required.

When do you need this document?

You will typically need an Affidavit of Cohabitation when applying for partner visas or residence permits through Immigration New Zealand, as they require substantial evidence of genuine and stable relationships. The document is also essential in Family Court proceedings involving relationship property disputes, child custody matters, or when establishing legal rights under the Property (Relationships) Act 1976. Many government agencies, banks, and insurance companies may request this affidavit when determining eligibility for spousal benefits, joint applications, or when one partner needs to act on behalf of the other in legal or financial matters.

Key legal considerations

Your affidavit must contain comprehensive details about your relationship including when it began, how you met, your living arrangements, and evidence of financial interdependence such as joint bank accounts, shared expenses, or joint ownership of assets. The Property (Relationships) Act 1976 defines specific criteria for de facto relationships, requiring that couples live together as a couple in a relationship in the nature of marriage. You should include supporting evidence such as joint lease agreements, utility bills in both names, photographs together, and statements from friends or family who can attest to your relationship. Be aware that making false statements in an affidavit constitutes perjury and can result in serious legal consequences including fines and imprisonment.

Legal requirements in New Zealand

Under the Oaths and Declarations Act 1957, your Affidavit of Cohabitation must be sworn or affirmed before an authorised person such as a Justice of the Peace, solicitor, or Commissioner of Oaths. The document must follow the prescribed format including a formal title, your full legal details, a clear statement of facts, and a declaration that the contents are true to the best of your knowledge and belief. Both you and your partner may need to provide separate affidavits depending on the purpose and requirements of the requesting organisation. The Family Court Act 1980 and Family Proceedings Act 1980 may also apply if the affidavit relates to court proceedings involving relationship status verification or family law matters.