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 Matrimonial agreements

Cohabitation (Property) agreement


A Property Agreement suitable for a New Zealand couple.

The property rights of both married and de facto couples (including same-sex couples) who have lived together for three years have been governed by the same equal-sharing rules in the Property (Relationship) Act.

Couples living together have the option of either making their own property agreement (referred to as "contracting out" of the Act) in which case their property will be divided in ways that they specify in the agreement, or to not make any agreement of their own, in which case they will automatically be covered by the equal-sharing rules in the Act.

Married, de facto and civil union couples who have lived together for less than three years are usually not covered by the equal-sharing rules. They too may wish to make their own property agreements to avoid uncertainty.

This Property Agreement (or Cohabitation Agreement) is intended to minimise the legal expenses of couples who wish to contract out of the Property (Relationship) Act. Guidelines & notes are provided. Also see the HowTo article 'How to enter into a property agreement'.


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