The Cohabitation Contract is essential for couples entering or in a de facto relationship in New Zealand who wish to clarify their property rights and financial arrangements. This document becomes particularly relevant given that under New Zealand's Property (Relationships) Act 1976, de facto partners who have lived together for three years or more generally have the same property rights as married couples. The contract allows parties to opt out of the default legislative regime and create their own arrangements regarding property division, financial responsibilities, and living arrangements. It should be prepared with independent legal advice for each party and must comply with New Zealand legal requirements for contracting out agreements. The document typically includes detailed schedules of assets, financial disclosures, and specific arrangements for property management and relationship breakdown.
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1. Parties: Identification and details of both parties entering into the cohabitation agreement
2. Background: Context of the relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Recognition of Relationship: Acknowledgment of the de facto relationship status and its commencement date
5. Separate Property: Definition and listing of property that remains separate for each party
6. Relationship Property: Definition and treatment of jointly owned or acquired property during the relationship
7. Financial Arrangements: Day-to-day financial responsibilities and arrangements
8. Living Arrangements: Terms regarding shared residence and household responsibilities
9. Relationship Breakdown: Process and arrangements in case of separation
10. Dispute Resolution: Methods for resolving disagreements under the agreement
11. Review and Amendment: Provisions for reviewing and modifying the agreement
12. Governing Law: Confirmation that the agreement is governed by New Zealand law
13. Execution: Signing and witnessing requirements
1. Children: Arrangements for existing children or future children of the relationship
2. Pets: Arrangements for care and ownership of pets
3. Business Interests: Protection and treatment of business assets and interests
4. Inheritance Rights: Provisions regarding inheritance and estate planning
5. Debts and Liabilities: Treatment of existing and future debts
6. Cultural Considerations: Specific provisions relating to cultural practices or requirements
7. International Assets: Treatment of overseas property and investments
8. Health and Medical Decisions: Provisions for medical decision-making authority
1. Schedule A - Separate Property Inventory: Detailed list of each party's separate property at the time of agreement
2. Schedule B - Relationship Property Inventory: List of jointly owned property at the time of agreement
3. Schedule C - Financial Disclosure: Current financial position of each party including assets, liabilities, and income
4. Schedule D - Household Expenses Allocation: Breakdown of shared household expenses and contribution arrangements
5. Schedule E - Proof of Independent Legal Advice: Certificates from each party's legal advisor confirming independent advice received
6. Appendix 1 - Property Valuations: Professional valuations of significant assets mentioned in the agreement
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