Cohabitation Agreement After Divorce Template for New Zealand

When you've been through a divorce and are ready to start a new relationship, a cohabitation agreement provides essential legal protection for both parties. This specialized contract addresses the unique challenges that previously divorced individuals face when moving in together, ensuring your assets, financial obligations, and future plans are clearly defined from the start.

When do you need this document?

You need a cohabitation agreement after divorce when you're planning to live with a new partner and want to protect assets you've worked hard to preserve following your previous marriage. This is particularly important if you received property, investments, or business interests through your divorce settlement that you want to keep separate. The agreement is also essential when either party has ongoing financial obligations to former spouses, such as spousal support or shared mortgage payments. If you have children from your previous marriage, this document helps clarify how your new living arrangement affects existing custody and support arrangements. Additionally, you should consider this agreement if your new partner also has significant assets or debts from their past relationship that could impact your financial future together.

Key legal considerations

Your cohabitation agreement must clearly distinguish between separate property (assets you owned before the relationship or received through inheritance) and relationship property that may be shared if your de facto relationship lasts three years or more. Include specific clauses about how household expenses will be divided, who is responsible for existing debts, and how any joint purchases will be handled. The agreement should address what happens to each party's property if the relationship ends, including provisions for any improvements made to separate property using joint funds. Consider including dispute resolution procedures and regular review dates to ensure the agreement remains fair and relevant as your circumstances change. You'll also want to address how the agreement interacts with any existing court orders from previous divorces, particularly regarding spousal support or property settlements.

Legal requirements in New Zealand

Under New Zealand law, your cohabitation agreement must comply with the Property (Relationships) Act 1976 to be enforceable. Both parties must receive independent legal advice before signing, and this requirement must be documented in the agreement itself. The document must be in writing, signed by both parties, and witnessed by a qualified person such as a Justice of the Peace or solicitor. Full financial disclosure is mandatory - both parties must provide complete information about their assets, debts, and income. The agreement cannot contain provisions that are manifestly unfair or that attempt to contract out of the Care of Children Act 2004 regarding child support obligations. Regular reviews are recommended, as courts may set aside agreements that become significantly unfair due to changed circumstances. The Contract and Commercial Law Act 2017 also applies, requiring the agreement to meet standard contract formation requirements including offer, acceptance, and consideration.