Cohabitation Agreement After Divorce Template for New Zealand

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Key Requirements PROMPT example:

Cohabitation Agreement After Divorce

"I need a Cohabitation Agreement After Divorce for my new living arrangement starting March 2025, with particular focus on protecting my business assets and addressing ongoing financial obligations from my previous marriage in Auckland."

Document background
The Cohabitation Agreement After Divorce is a specialized legal document used in New Zealand when previously divorced individuals decide to live together in a de facto relationship. This agreement becomes particularly important as it addresses the unique circumstances of parties who have experienced prior marriages and divorces, helping to protect their respective assets and clearly define their new relationship's parameters. The document typically includes provisions for property division, financial responsibilities, and existing obligations from previous relationships, while ensuring compliance with New Zealand's Property (Relationships) Act 1976 and related legislation. It serves as a preventive measure against future disputes and provides clarity regarding the parties' intentions, rights, and obligations in their new living arrangement. The agreement is especially relevant given New Zealand's legal recognition of de facto relationships and their property rights after three years of cohabitation.
Suggested Sections

1. Parties: Identification and details of both parties entering the cohabitation agreement

2. Background: Context of the agreement, including acknowledgment of previous divorces and current circumstances

3. Definitions: Key terms used throughout the agreement, including 'relationship property', 'separate property', and other relevant terminology

4. Purpose and Intent: Clear statement of the agreement's objectives and the parties' intentions

5. Duration and Review: Term of the agreement and circumstances for review or termination

6. Property Rights and Division: Detailed provisions regarding ownership, use, and division of property acquired before and during cohabitation

7. Financial Arrangements: Day-to-day financial responsibilities, including household expenses and joint purchases

8. Existing Obligations: Recognition and handling of obligations from previous marriages/divorces

9. Dispute Resolution: Process for resolving disagreements arising under the agreement

10. Termination Provisions: Circumstances and procedures for ending the agreement

11. Independent Legal Advice: Confirmation that both parties have received independent legal advice

12. Execution: Signing and witnessing requirements

Optional Sections

1. Children's Arrangements: Include when either party has children from previous relationships, addressing living arrangements and responsibilities

2. Pets and Animals: Include when parties have pets or animals requiring specific care arrangements

3. Business Interests: Include when either party owns business interests that need protection

4. Estate Planning: Include when parties wish to address inheritance rights and estate planning

5. Intellectual Property: Include when either party has significant intellectual property rights

6. Previous Divorce Obligations: Include detailed section when there are ongoing financial or other obligations from previous divorces

7. Cultural Considerations: Include when specific cultural practices or obligations need to be acknowledged and respected

8. Health and Medical: Include when there are specific health-related responsibilities or considerations

Suggested Schedules

1. Schedule A - Assets Register: Detailed list of each party's separate assets brought into the relationship

2. Schedule B - Liabilities Register: List of each party's existing debts and financial obligations

3. Schedule C - Household Items Inventory: Comprehensive list of household items and their agreed ownership

4. Schedule D - Previous Divorce Orders: Copies or summaries of relevant court orders from previous divorces

5. Schedule E - Financial Obligations: Details of ongoing financial commitments, including those from previous relationships

6. Appendix 1 - Property Valuations: Independent valuations of significant assets mentioned in the agreement

7. Appendix 2 - Legal Certificates: Certificates of independent legal advice received by each party

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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