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Are you in a de facto relationship?

Several of my clients did not think they were in a de facto relationship because they did not live with their partner. My response was that you do not have to live with your partner to qualify as a de facto couple.

Under New Zealand legislation, a de facto relationship will exist when couples:

🔶 live together as a couple, but are not married to each other, and

🔶 are both 18 or older.

In deciding whether two people live together as a couple, the court considers all the relevant circumstances, including any of the following if they are relevant:

🔶 the length of the relationship

🔶 the nature and extent of common residence

🔶 whether or not the couple have a sexual relationship

🔶 the degree of dependence or interdependence between the two people, and any arrangements for financial support between them

🔶 the ownership, use, and acquisition of property

🔶the degree of mutual commitment to a shared life

🔶the care and support of children

🔶the performance of household duties

🔶the reputation and public aspects of the relationship

No single factor is essential for the two people to be considered as living together as a couple. If you are in a de facto relationship for a period of three years or longer and you separate, your relationship property may be shared equally.

Against that background, you may wish to enter into a contracting out agreement to protect your assets.