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A Cohabitation Agreement is a legal contract between couples who live together but aren't married or in a civil union. It spells out how they'll handle their property, finances, and responsibilities while living together and if they separate. Under New Zealand's Property (Relationships) Act, de facto partners can face similar property-sharing rules as married couples after three years together.

These agreements help protect both partners' assets and set clear expectations about shared expenses, property ownership, and potential separation arrangements. To be legally binding in NZ, each partner needs independent legal advice before signing, and the agreement must be properly witnessed and meet the requirements of the Property (Relationships) Act 1976.

Consider getting a Cohabitation Agreement before moving in with your partner or during the early stages of living together. It's especially important when you bring significant assets into the relationship, own a business, expect an inheritance, or have children from previous relationships. The three-year mark is crucial in NZ, as that's when relationship property laws typically begin to apply.

Creating this agreement makes sense when buying property together, starting a joint business venture, or making substantial financial commitments. It's also valuable if you and your partner have different financial situations or want to keep certain assets separate. Getting it done early helps avoid confusion and potential disputes later.

• Cohabitation Property Agreement: Focuses specifically on property ownership, shared assets, and financial arrangements during cohabitation
• Legal Cohabitation Agreement: Comprehensive agreement covering all aspects of living together, including daily expenses, responsibilities, and property rights
• Cohabitation Separation Agreement: Details how assets and responsibilities will be divided if the relationship ends
• Prenuptial Agreement For Unmarried Couples: Made before moving in together, focusing on protecting pre-existing assets and future inheritance
• Separation Agreement For Unmarried Couples: Addresses immediate separation terms and ongoing obligations after relationship breakdown

• De Facto Partners: The primary parties who create and are bound by the Cohabitation Agreement, typically couples living together or planning to live together
• Family Lawyers: Draft the agreement and provide independent legal advice to each partner, ensuring the document meets legal requirements
• Legal Witnesses: Required to witness signatures and certify that both parties received independent legal advice
• Property Valuers: Often involved in assessing asset values for inclusion in the agreement
• Financial Advisors: Help partners understand and plan the financial implications of their agreement
• Trust Lawyers: Provide advice when trust assets are involved or need protection under the agreement

• Asset Inventory: List all property, investments, debts, and financial assets each partner owns before cohabitation
• Financial Details: Gather income information, bank accounts, investments, and expected inheritances or gifts
• Living Arrangements: Document how household expenses, rent/mortgage, and utilities will be shared
• Property Intentions: Clarify how future joint purchases will be owned and managed
• Personal Goals: Outline each partner's expectations about property division and financial independence
• Legal Requirements: Ensure both partners get independent legal advice and proper certification of the agreement
• Documentation: Collect property valuations, financial statements, and relevant legal papers

• Identification Section: Full names, addresses, and contact details of both partners
• Asset Declaration: Complete list of separate and joint property, including values and ownership details
• Financial Arrangements: How living expenses, debts, and future assets will be managed
• Property Division: Clear terms for dividing property if the relationship ends
• Relationship Status: Acknowledgment of de facto relationship status under NZ law
• Independent Advice: Certification that both partners received separate legal counsel
• Execution Requirements: Signatures, dates, and witness details meeting Property (Relationships) Act standards
• Review Provisions: Terms for updating the agreement as circumstances change

A Cohabitation Agreement differs significantly from an Asset Purchase Agreement in several key ways, though both deal with property rights and ownership. Understanding these differences is crucial for choosing the right document for your situation.

• Legal Framework: Cohabitation Agreements operate under the Property (Relationships) Act, focusing on relationship property rights, while Asset Purchase Agreements fall under commercial law and contract principles
• Purpose: Cohabitation Agreements manage ongoing property rights between partners, while Asset Purchase Agreements handle one-time transfers of specific assets between buyers and sellers
• Duration: Cohabitation Agreements remain active throughout the relationship and potentially beyond, whereas Asset Purchase Agreements typically conclude once the transaction is complete
• Parties Involved: Cohabitation Agreements are between domestic partners, while Asset Purchase Agreements involve commercial parties or individuals in a business transaction
• Modification Rules: Cohabitation Agreements can be reviewed and modified as relationship circumstances change, but Asset Purchase Agreements are usually fixed once executed