Article - Implications of Living Together

People live together whether they are married, in a civil union or not. When people are living together as if they are married or in a civil union it is called a de-facto relationship. The law often treats people in a de-facto relationship the same as people who are married or in a civil union. This brings implications along.

Names

If you live together, married or not, you are allowed to choose to keep your own name or use your partners name, you just ask people, businesses or the IRD to call you by the new name. If you want to change your name for official purposes, you need to do so by signing a deed poll. It is an official change of name although the name on your birth certificate will stay the same.
Children born out of the relationship can carry the surname the partners have chosen. If you wish to change that name both parents or guardians must agree to it otherwise you can ask the Family Court to decide.

Children

There is a presumption that the man who lives with the woman at any time between the conception and the birth of a child, is the father of that child. With the approval of both parents the father can be recorded on the birth certificate. If neither of the above is the case both parents together can make a joint declaration of paternity or 1 of the parents can apply to the Family Court to do so.

If you and / or your partner have children from a previous relationship you may act as a parent but you do not have the legal powers of a parent unless you are appointed as a guardian or if you have adopted those children. This also means that you have no legal obligation to support your partners children, unless otherwise agreed or stated by law.

You can however, ask the Family Court for permission to apply for care of, or contact with your partners children.

Property

If you have been living together for more than 3 years and the relationship ends, property of the relationship will be divided and debts will be shared equally. There are exceptions but even if a house was bought by one of the partners before the realtionship started, it is classified as a relationship property and this can have great implications for you.

If you do not want the Property Relationship Act to be applicable you need to contract out formally. This agreement should govern how relationship property will be divided after the relationship ends. Both partners need seperate legal advice to enter such an agreement.

Other Implications

• Free counselling and mediation at the Family Court
• Protection in relation to domestic violence
• Benefits and child support
• Death and inheritance
• Right to parental leave
  
  
  
  Author: i-Law l Legal Resource Centre
  For more information contact i-Law l Legal Resource Centre
  Posted 26 May 2008