Cohabitation Contract Template for New Zealand

A cohabitation contract is a legal agreement that defines property rights, financial responsibilities, and living arrangements between unmarried partners in a de facto relationship. Under New Zealand law, this document allows you to establish clear terms about how your assets and debts will be managed during your relationship and what happens if you separate.

When do you need this document?

You need a cohabitation contract when entering a de facto relationship where you want to protect separate assets or establish different arrangements from the default law. This is particularly important if you own significant property before the relationship, have children from previous relationships, operate a business, or have substantial debts. The contract becomes essential if you've been living together for close to three years, as the Property (Relationships) Act 1976 automatically applies equal sharing rules to couples who cohabit for three years or more. You should also consider this agreement if one partner has significantly more assets than the other, or if you want to maintain separate financial arrangements throughout your relationship.

Key legal considerations

Your cohabitation contract must clearly define what constitutes separate property versus relationship property, as this distinction determines how assets are divided if you separate. The agreement should include full financial disclosure from both parties, covering all assets, debts, income, and financial commitments. You must address how household expenses will be shared, whether you'll maintain joint or separate bank accounts, and how future acquisitions will be treated. The contract should specify arrangements for any children, including financial support obligations. Consider including dispute resolution clauses and regular review mechanisms, as circumstances change over time. Remember that certain provisions cannot be contracted out of, such as maintenance obligations for children and some spousal maintenance rights.

Legal requirements in New Zealand

Under New Zealand law, both parties must receive independent legal advice before signing the agreement, and this must be certified by each party's lawyer. The contract must be in writing and signed by both parties to be legally enforceable. You must provide full and frank disclosure of all financial circumstances, including assets, debts, income, and any trust interests. The agreement cannot be unconscionable or significantly disadvantage one party unfairly. The Family Court has discretion to set aside agreements that were obtained through fraud, duress, or where circumstances have changed so fundamentally that it would be unjust to enforce the original terms. Your contract should comply with the Care of Children Act 2004 regarding any arrangements for children, and consider implications under the Family Violence Act 2018 if protection orders become necessary.