Domestic Partnership Agreement (New Zealand)
De Facto Relationship Contracting Out — Property (Relationships) Act 1976
DOMESTIC PARTNERSHIP AGREEMENT (DE FACTO CONTRACTING OUT AGREEMENT)
Made under section 21 of the Property (Relationships) Act 1976 (New Zealand)
Date: [Agreement Date]
IMPORTANT: Both parties must obtain independent legal advice from separate solicitors before signing this agreement (s.21F PRA). This template is a starting point — seek legal advice before finalising.
Parties
This Agreement is made between [Partner 1 Name], [Partner 1 Occupation], of [Partner 1 Address] ("Partner 1"); and [Partner 2 Name], [Partner 2 Occupation], of [Partner 2 Address] ("Partner 2").
Background
A. The parties have been in a de facto relationship since approximately [Relationship Start Date] and reside together at [Shared Residence].
B. The parties wish to record their agreement about their respective property rights and to contract out of the default provisions of the Property (Relationships) Act 1976 (PRA) to the extent provided in this Agreement.
C. Both parties have obtained independent legal advice: Partner 1 from [Partner 1 Lawyer], and Partner 2 from [Partner 2 Lawyer].
Separate Property
1. Partner 1's separate property (to remain Partner 1's sole property and not subject to division under the PRA):
[Partner 1 Separate Property]
2. Partner 2's separate property (to remain Partner 2's sole property and not subject to division under the PRA):
[Partner 2 Separate Property]
Joint and Relationship Property
3. Joint and relationship property arrangements:
[Joint Property Arrangements]
Living Expenses
4. Living expenses and household costs:
[Living Expenses]
General Provisions
5. This Agreement is made under section 21 of the Property (Relationships) Act 1976.
6. The parties acknowledge that this Agreement may be set aside under section 21J of the PRA if giving effect to it would cause serious injustice.
7. Governing law: New Zealand.
Execution
Signed by Partner 1: [Partner 1 Name]
Signature: ___________________________ Date: ___________
Solicitor's Certificate (Partner 1): I, [Partner 1 Lawyer], certify that I explained the effect and implications of this Agreement to Partner 1 before signing.
Solicitor's Signature: ___________________________ Date: ___________
Signed by Partner 2: [Partner 2 Name]
Signature: ___________________________ Date: ___________
Solicitor's Certificate (Partner 2): I, [Partner 2 Lawyer], certify that I explained the effect and implications of this Agreement to Partner 2 before signing.
Solicitor's Signature: ___________________________ Date: ___________
Partner 1
________________
Signature
Partner 2
________________
Signature
What Is a Domestic Partnership Agreement (New Zealand)?
A Domestic Partnership Agreement in New Zealand governs the relationship between the owners of a business, including capital, management, profit share, and exit, alongside the requirements of the Partnership Act 2019.
When Do You Need a Domestic Partnership Agreement (New Zealand)?
A Domestic Partnership Agreement is needed whenever parties in New Zealand wish to formalize their arrangement regarding personal legal matters, family affairs, and individual rights. There are numerous situations in which this document becomes essential for protecting the interests of all involved parties. You may need this document in various circumstances, including when entering into new agreements, when formalizing existing arrangements, or when addressing specific legal requirements in New Zealand. Having proper documentation in place is essential for protecting your rights and interests. You should also consider using a Domestic Partnership Agreement when there has been a change in circumstances that affects an existing arrangement, when you need to comply with new regulatory requirements, when you wish to update outdated documentation, or when professional advisors recommend formalizing certain aspects of your affairs. In New Zealand, maintaining current and accurate legal documentation is considered established standards and can help prevent costly disputes. It is generally advisable to prepare a Domestic Partnership Agreement before any issues arise, rather than trying to document terms after a dispute has already begun. Proactive documentation provides clarity and reduces the potential for misunderstandings. If you are unsure whether you need this document for your specific situation in New Zealand, consulting with a qualified legal professional can provide guidance tailored to your circumstances. The timing of executing a Domestic Partnership Agreement is also important. In New Zealand, certain documents must be executed before specific actions are taken or within prescribed time periods to be effective. Delaying the preparation of necessary legal documents can result in complications, lost rights, or additional costs. Therefore, it is recommended to prepare this document as early as possible once the need has been identified.
What to Include in Your Domestic Partnership Agreement (New Zealand)
A well-drafted Domestic Partnership Agreement for use in New Zealand should contain several essential elements to confirm it is legally effective and provides adequate protection for all parties. Party Identification: The document should clearly identify all parties involved, including their full legal names, addresses, and relevant identification numbers. For individuals in New Zealand, this may include identity card or passport numbers. For companies, registration numbers and registered addresses should be specified. Clear identification prevents disputes about who is bound by the agreement. Recitals and Background: The document should include background information explaining the context and purpose of the arrangement. This helps establish the parties' intentions and can be important in interpreting the terms of the document if any ambiguity arises later. The recitals section provides valuable context for the operative provisions that follow. Operative Terms: The core terms and conditions should be set out clearly and thoroughly. This includes the rights and obligations of each party, any conditions or prerequisites, the duration of the arrangement, and any limitations or restrictions. All key terms should be defined precisely to avoid ambiguity and potential disputes. Payment and Financial Terms: Where applicable, the document should specify any payments, fees, deposits, or other financial considerations. The amounts, currency (NZD), payment schedules, and methods of payment should be clearly stated. Any provisions for late payment, interest charges, or adjustments should also be included. Term and Termination: The document should specify its duration, including the start date, end date or conditions for expiry, and any provisions for renewal or extension. The circumstances under which either party may terminate the arrangement early should be clearly defined, along with any notice requirements and the consequences of termination. Dispute Resolution: The document should include provisions for resolving any disputes that may arise, such as negotiation, mediation, arbitration, or litigation. In New Zealand, parties may choose to specify the jurisdiction of New Zealand courts and the applicable law. Including a clear dispute resolution mechanism can save significant time and expense if disagreements occur. Governing Law and Jurisdiction: The document should specify that it is governed by the laws of New Zealand and that disputes shall be subject to the jurisdiction of New Zealand courts. This is particularly important in cross-border transactions or where parties are based in different jurisdictions. Signatures and Execution: The document must be properly signed by all parties or their authorised representatives. In New Zealand, certain documents may need to be witnessed, notarised, or executed as deeds to be legally effective. The date of execution should be clearly recorded, and each party should retain an original signed copy for their records. The forms-legal.com Domestic Partnership Agreement (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Domestic Partnership Agreement (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/personal/family/domestic-partnership-agreement-new-zealand
"Domestic Partnership Agreement (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/personal/family/domestic-partnership-agreement-new-zealand.
@misc{formslegal-domestic-partnership-agreement-new-zealand,
author = {{Forms Legal}},
title = {Domestic Partnership Agreement (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/personal/family/domestic-partnership-agreement-new-zealand}},
note = {Free legal document template. Based on Partnership Act 2019}
}Also available for these jurisdictions:
Frequently Asked Questions
In New Zealand, de facto partners have significant legal rights under the Property (Relationships) Act 1976 (PRA). A de facto relationship under the PRA is a relationship between two people (of any gender) who are not married or in a civil union but who live together as a couple. To qualify for property division rights under the PRA, the relationship must have lasted at least three years, or there must be a child of the relationship, or one partner must have made a significant contribution to the relationship such that not applying the PRA would result in serious injustice. If the relationship qualifies, relationship property — including the family home, relationship chattels, and property acquired during the relationship — is divided equally on separation. De facto partners also have inheritance rights under the Administration Act 1969 if their partner dies intestate, and may have rights under the Family Protection Act 1955 to challenge a will that does not adequately provide for them.
Under the default rules of the Property (Relationships) Act 1976 (PRA), yes — relationship property is divided equally between de facto partners when they separate, provided the relationship qualifies under the PRA (generally 3+ years or where there are children or significant contributions). However, de facto partners can enter into a contracting out agreement under section 21 of the PRA that alters these default rules. A contracting out agreement can specify that certain property will remain separate property, that specific assets will be retained by one partner, or that the equal sharing rule will not apply (or will apply in modified form). To be valid, the agreement must comply with the strict procedural requirements of section 21F, including independent legal advice for each party. The Family Court can also set aside a contracting out agreement under section 21J if giving effect to it would cause serious injustice.
Under the Property (Relationships) Act 1976, property owned by one partner before the de facto relationship began is generally treated as separate property and is not subject to equal division on separation. However, this principle has important exceptions. First, the family home — the home in which the couple lives at the time of separation — is treated as relationship property regardless of when it was acquired or who owned it before the relationship. Second, if separate property has increased in value during the relationship as a result of the other partner's contributions (whether financial or non-financial, such as caring for children), the court may award the contributing partner a share of the increase in value. Third, property can become relationship property if it is used for relationship purposes — for example, if one partner's separate property funds are used to improve the family home. A domestic partnership agreement can clarify the status of pre-relationship property and provide certainty about what each partner owns.
Under section 14A of the Property (Relationships) Act 1976, the PRA applies to de facto relationships that have lasted at least 3 years. However, the PRA can also apply to shorter relationships in two circumstances: (1) where there is a child of the de facto relationship (in which case the court can apply the PRA if it would be unjust not to); or (2) where one partner has made substantial contributions to the relationship — financial or otherwise — and serious injustice would result if the PRA did not apply. The 3-year period is counted from the date on which the couple began living together as a couple. The PRA does not apply at all to couples who have not lived together, regardless of the length of their relationship. A domestic partnership agreement is useful regardless of the length of the relationship — for new couples, it provides clarity from the outset; for established couples, it confirms agreed property arrangements and provides certainty.
A Domestic Partnership Agreement (New Zealand) does not legally require a lawyer in New Zealand, and individuals and businesses may draft and execute the document independently. The Partnership Act 2019 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified New Zealand lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The High Court of New Zealand has jurisdiction over disputes arising from this type of document, and Companies Office may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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