The Property (Relationships) Act 1976 governs how property is divided when a qualifying relationship ends, whether through separation or death. But not every relationship falls under the Act. Before you can understand what you are entitled to, you need to know whether the Act applies to you.
This step helps you determine whether your relationship qualifies and introduces the key criteria that courts use to assess different types of relationships.
Does the Act Apply to You?
Follow this decision tree to find out
What type of relationship are you in (or were you in)?
For de facto relationships: How long have you been together?
Living together as a couple (not just flatmates or friends)
The Act applies to you
Check the exceptions below
Do any of these exceptions apply?
Even under 3 years, the Act can still apply if:
A child born to the couple during the relationship, or treated by both as a child of the family
Significant contributions to property, caring for children, or to the other partner's career or business
Where denying the claim would be seriously unfair given the circumstances
Not sure where you stand?
Get a Professional AssessmentUnderstanding Relationship Types
Marriage
If you are legally married, the Act applies from day one. There is no minimum duration requirement. The Act covers all marriages, regardless of when they took place.
Civil Union
Civil unions are treated the same as marriages under the Act. Available since 2005, they provide the same property rights as marriage from the date of registration.
De Facto Relationship
De facto relationships are couples who live together as partners without being married. The Act usually applies after three years, but exceptions exist for shorter relationships.
What makes a de facto relationship?
Courts look at the nature and extent of your common residence, whether there is a sexual relationship, financial dependence, ownership of property, care of children, and the degree of mutual commitment to a shared life. No single factor is determinative.
The Three-Year Rule
Why duration matters for de facto couples
For de facto relationships, the default rule is that the Act only applies after three years of living together. This threshold recognises that not every cohabitation arrangement is intended to be a committed, long-term partnership.
However, this is not an absolute bar. The law provides exceptions where it would be unjust to deny protection simply because of the relationship's duration.
Exceptions to the Three-Year Rule
When the Act can apply to shorter relationships
Section 14A of the Act allows the court to divide property even when a de facto relationship has lasted less than three years. The court must be satisfied that one of the following grounds exists.
1 Child of the Relationship
If there is a child of the relationship, the court can divide property even if the couple have been together for less than three years.
What counts as a "child of the relationship"?
- A child born to the couple during their relationship
- A child of either partner who has been accepted by both as a child of their family
- Does not require formal adoption - acceptance and treatment matters
2 Substantial Contribution
If one partner has made a substantial contribution to the relationship and refusing to divide property would result in serious injustice.
Types of substantial contribution:
- Financial contributions to property acquisition
- Giving up a career or employment for the relationship
- Contributions as a homemaker or caregiver
- Contributions to the other partner's business or career advancement
3 Serious Injustice
Even without a child or substantial contribution, the court can intervene if refusing to divide property would result in serious injustice to one partner.
Factors the court considers:
- The commitment demonstrated by both partners
- The nature and extent of shared life arrangements
- Circumstances that prevented the relationship lasting three years
- The overall fairness of the situation
Common Scenarios
How the rules apply in practice
Long-term de facto couple with children
"We've been living together for 8 years and have two children. We never married."
Result: The Act applies fully. With more than three years together, your relationship is treated the same as a marriage for property division purposes.
Short relationship with a child
"We were only together for 18 months, but we had a baby. Now we're separating."
Result: The three-year rule is bypassed because there is a child of the relationship. The Act can apply, and the court can order property division.
Career sacrifice in short relationship
"I relocated to Hawke's Bay and quit my job to move in with my partner. After two years, the relationship ended. I have no claim to their property?"
Result: The substantial contribution exception may apply. Giving up employment and relocating could be a substantial contribution, and refusing a claim might cause serious injustice.
Casual relationship, shared house
"We've been dating for two years and he stays at my place most nights, but we keep our finances separate and don't have children."
Result: This may not qualify as a de facto relationship. Courts look at the overall nature of the relationship, not just where someone sleeps. Without shared finances, joint decision-making, or other indicia of a committed partnership, the Act may not apply.
Key Takeaways
- 1. The Act applies immediately to marriages and civil unions - no waiting period
- 2. De facto relationships generally need three years together for the Act to apply
- 3. Three exceptions can override the three-year rule: a child, substantial contribution, or serious injustice
- 4. Not every cohabitation arrangement is a de facto relationship - courts look at the whole picture
- 5. If you are unsure whether the Act applies to you, get professional advice