Document background
This document serves as a Common Law Marriage Prenup (contracting out agreement) under New Zealand law, specifically designed for couples entering or in a de facto relationship who wish to establish clear property rights outside the default regime of the Property (Relationships) Act 1976. It is particularly relevant for couples with significant separate assets, business interests, or complex financial arrangements. The agreement must be drafted with careful attention to legal requirements, including mandatory independent legal advice and certification for both parties. It typically includes detailed schedules of separate and joint property, provisions for future asset acquisition, and arrangements for property division in case of relationship dissolution or death. This type of agreement is especially important in New Zealand where de facto relationships can create significant property rights after three years of cohabitation.
