What is a de facto relationship in NZ
Updated 2026-08-09. General information, not legal advice.
A de facto relationship in New Zealand is two people aged 18 or over who live together as a couple without being married or in a civil union. That is the definition in section 2D of the Property (Relationships) Act 1976, and it matters because once a de facto relationship has lasted about three years, the Act's equal sharing rules generally apply, the same rules that apply to marriage. No ceremony, no signature, no decision: the legal status arrives from the way you live.
"Living together as a couple" is judged on the whole picture of the relationship, not on any single fact, and not even strictly on sharing one address.
What factors decide whether you are de facto?
Section 2D gives a list of things a court weighs, none of them decisive on its own: how long you have been together; the nature and extent of your shared home; whether there is a sexual relationship; how your finances are arranged and how financially interdependent you are; who owns and uses what property; your mutual commitment to a shared life; whether there are children and who cares for them; who does the household work; and how the relationship looks to others, your reputation as a couple.
The list is open-ended: anything relevant counts, and the factors are indicators, not a checklist you must fully tick. Keeping separate bank accounts, for example, does not stop a relationship being de facto; courts have said modern couples often arrange money separately.
Why does de facto status matter so much?
Because of what it triggers. Once the Act applies, generally at about three years, with limited exceptions, the default is a 50/50 division of relationship property if the relationship ends by separation or death. That usually includes the family home even if one of you owned it before you met, the family chattels, income earned during the relationship and the relationship-period part of KiwiSaver.
Couples who want different rules can choose them, together, in a contracting out agreement, and the easiest time to do that is early, while nothing has mixed and the conversation is simple.
When does a de facto relationship actually start?
The clock runs from when you started living together as a couple, which can be earlier than the day you moved into one home. A couple who kept two flats but ran their lives as one, staying over most nights, holidaying together, mixing money, known to everyone as partners, may already have been de facto before the shared lease. If the start date matters to you, the practical answer is not to argue about it later but to fix it by agreement now: a contracting out agreement records the date as a settled fact.
Same-sex couples, older couples, second relationships
The definition is deliberately broad. It covers same-sex and different-sex couples equally. It covers people who re-partner at any age, which is where the property consequences often surprise most: two people in their fifties or sixties, each with a house, savings and adult children, become a de facto couple like anyone else, and the Act applies to them the same way. For blended families, the combination of an agreement and updated wills is the standard protection.
Common questions
- What is the legal definition of a de facto relationship in NZ?
- Two people aged 18 or over who live together as a couple and are not married to or in a civil union with each other (section 2D, Property (Relationships) Act 1976). Whether a couple is living together as a couple is judged on the whole relationship, using the section's list of factors.
- Is de facto the same as common law marriage?
- New Zealand does not have common law marriage. The de facto relationship is the NZ concept, and unlike folk ideas of common law marriage it has a statutory definition and real property consequences after about three years.
- Can we be de facto if we keep our money separate?
- Yes. Financial arrangements are only one factor, and courts have recognised that many committed couples keep separate accounts. A shared life, commitment and how others see you can outweigh separate finances.
- Do we get to choose whether we are de facto?
- No. The status follows from the facts of how you live, not from a declaration. What you can choose is the property rules that apply to you, by making a contracting out agreement before or during the relationship.
Sources
All information published on prenup.nz, including this guide, is general information only and is not to be construed as legal advice. We strongly recommend seeking independent legal advice about your own situation. A contracting out agreement only binds you once each partner has taken independent legal advice and a lawyer has witnessed and certified each signature, as section 21F of the Property (Relationships) Act 1976 requires.