Can de facto couples get a prenup in NZ?

Yes. Section 21 of the Property (Relationships) Act 1976 expressly covers de facto partners, before or during the relationship. The formalities are the same as for married couples: written, signed, independent legal advice for each partner, witnessing and certification.

Does the 3 year rule mean we split everything 50/50?

After about three years the Act's default divides relationship property equally: generally the family home and chattels and what was acquired during the relationship. Separate property, such as pre-relationship assets kept separate, is not automatically shared, but the boundary blurs easily, which is what an agreement fixes.

We keep separate bank accounts. Are we still de facto?

Possibly yes. Financial arrangements are only one factor; courts weigh the whole relationship, including the shared home, commitment and how others see you. Separate accounts do not prevent property rights arising at three years.

Does moving in together automatically start the three years?

Living together as a couple is the core of it, but the clock is about when the de facto relationship began, which can predate or postdate the shared lease in edge cases. If the timing matters to you, that is a signal to sign an agreement rather than litigate the start date later.

Prenups for de facto couples

Updated 2026-08-09. General information, not legal advice.

De facto couples in New Zealand can sign a prenup, and they are the couples who most often should. Once a de facto relationship reaches about three years, the Property (Relationships) Act 1976 generally applies its equal sharing rules, the same rules that apply to marriages, including to the family home. No wedding, no signature, no decision required: the rights arise from living together as a couple. A contracting out agreement is how you choose your own rules instead, ideally signed before the three-year mark, though it works at any stage.

What counts as a de facto relationship?

Broadly, two people over 18 living together as a couple without being married or in a civil union. Courts look at the whole picture: whether and how long you share a home, whether there is a sexual relationship, how finances are arranged, who owns and uses property, commitment to a shared life, care of children, and how others see the relationship. No single factor decides it, and you can be de facto while keeping some separate finances, or in rarer cases while not living together full time.

The practical consequence: many couples are further into a legally significant relationship than they realise. If you have been living together for two years and are wondering whether this applies to you, that is precisely the moment the conversation is easiest.

The three-year mark, and what changes at it

Three years is the Act's general threshold for de facto couples. Past it, the default is equal sharing of relationship property: the family home and family chattels, income earned and property acquired during the relationship, and the relationship-period share of KiwiSaver. A shorter relationship can still be caught in limited cases, mainly where there is a child of the relationship or one partner made substantial contributions and serious injustice would result otherwise.

Note what equal sharing can reach: a house one partner owned before the relationship can become the family home, and the family home is generally shared. That single fact is the strongest argument for agreeing your own rules before moving into one partner's house.

Moving in together, the right time to decide

The easiest agreement is the one signed when you move in or buy together, because nothing has mixed yet and the conversation is about protecting what each of you built, not unwinding anything. Deposit differences are the classic case: if one of you is putting $200,000 of family money into a joint purchase and the other $50,000, an agreement can ringfence the deposits while sharing the growth, a structure both partners usually consider fair when they discuss it early. See what to include in a prenup.

Already past three years?

You can still contract out. The agreement simply has to deal with interests that may already exist, which makes disclosure and genuinely fair terms more important, and makes the independent advice step do real work. Couples do this at every stage, often triggered by an inheritance, a business, or deciding to marry and wanting their existing understanding written down properly.

Common questions

Can de facto couples get a prenup in NZ?: Yes. Section 21 of the Property (Relationships) Act 1976 expressly covers de facto partners, before or during the relationship. The formalities are the same as for married couples: written, signed, independent legal advice for each partner, witnessing and certification.
Does the 3 year rule mean we split everything 50/50?: After about three years the Act's default divides relationship property equally: generally the family home and chattels and what was acquired during the relationship. Separate property, such as pre-relationship assets kept separate, is not automatically shared, but the boundary blurs easily, which is what an agreement fixes.
We keep separate bank accounts. Are we still de facto?: Possibly yes. Financial arrangements are only one factor; courts weigh the whole relationship, including the shared home, commitment and how others see you. Separate accounts do not prevent property rights arising at three years.
Does moving in together automatically start the three years?: Living together as a couple is the core of it, but the clock is about when the de facto relationship began, which can predate or postdate the shared lease in edge cases. If the timing matters to you, that is a signal to sign an agreement rather than litigate the start date later.

Thinking about a prenup?

The right order matters. Agree the big things together first, then each of you gets your own lawyer to advise on and certify the agreement. That second step is what makes it binding.

See how to get started

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.