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Agreement Of Separation

Agreement Of Separation Template for New Zealand

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Key Requirements PROMPT example:

Agreement Of Separation

"I need an Agreement of Separation for a couple with two children, including arrangements for shared custody and division of a family home and investment property, with the separation date set for March 1, 2025."

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Document background
An Agreement of Separation is a crucial legal document used in New Zealand when married couples or civil union partners decide to formally separate but are not yet seeking divorce. This document is particularly relevant when parties wish to formally document their separation arrangements while maintaining their married or civil union status. The agreement typically covers comprehensive arrangements for property division, financial matters, living arrangements, and children's care if applicable. It must comply with New Zealand legislation, particularly the Property (Relationships) Act 1976 and Family Proceedings Act 1980, and requires both parties to receive independent legal advice before signing. The agreement can later serve as evidence of separation if parties proceed to divorce after two years, as required under New Zealand law.
Suggested Sections

1. Parties: Identifies the separating parties with their full legal names and addresses

2. Background: States the marriage/civil union date, separation date, and brief context for the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Acknowledgments: Confirms both parties have received independent legal advice and understand their rights

5. Living Arrangements: Details the physical separation arrangements and any agreements regarding the family home

6. Division of Relationship Property: Sets out how the couple's relationship property will be divided

7. Financial Arrangements: Covers ongoing financial obligations, including any maintenance arrangements

8. Debts and Liabilities: Addresses the division and responsibility for joint and individual debts

9. Mutual Release: States that both parties release each other from future claims regarding relationship property

10. Binding Agreement: Confirms the agreement is intended to be legally binding and final

11. Execution: Signature blocks for parties and witnesses

Optional Sections

1. Children's Arrangements: Required if there are children - covers care arrangements, contact schedules, and financial support

2. Business Interests: Required if either party owns a business - details how business assets and interests will be handled

3. Superannuation: Required if there are significant retirement savings to be divided

4. Overseas Assets: Required if there are assets in other jurisdictions

5. Pets: Required if there are pets whose care needs to be arranged

6. Future Dispute Resolution: Optional section detailing how future disputes will be resolved

7. Confidentiality: Optional section if parties wish to keep the terms private

8. Insurance Policies: Required if there are joint insurance policies to be addressed

9. Tax Provisions: Required if there are significant tax implications from the property division

Suggested Schedules

1. Schedule A - Relationship Property: Detailed list of all relationship property with agreed values

2. Schedule B - Separate Property: List of agreed separate property items retained by each party

3. Schedule C - Debts and Liabilities: Comprehensive list of all debts and liabilities and their allocation

4. Schedule D - Children's Care Arrangements: Detailed parenting schedule and care arrangements if applicable

5. Schedule E - Financial Obligations: Details of any ongoing financial obligations including payment schedules

6. Appendix 1 - Independent Legal Advice Certificates: Certificates from each party's lawyer confirming independent legal advice

7. Appendix 2 - Valuations: Professional valuations of significant assets if applicable

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Legal Services

Family Law

Property Services

Financial Services

Social Services

Professional Services

Real Estate

Wealth Management

Alternative Dispute Resolution

Family Support Services

Relevant Teams

Legal

Family Law

Dispute Resolution

Property Law

Client Services

Documentation

Advisory

Settlements

Court Services

Family Support

Relevant Roles

Family Lawyer

Legal Executive

Mediator

Property Lawyer

Financial Advisor

Family Court Judge

Legal Secretary

Relationship Property Specialist

Trust Lawyer

Social Worker

Family Consultant

Wealth Manager

Property Valuer

Court Registrar

Settlement Officer

Industries
Property (Relationships) Act 1976: Governs the division of relationship property between separating couples, including rules for both married couples and civil unions
Family Proceedings Act 1980: Provides the legal framework for separation, including the process of obtaining a separation order and legal requirements for separation agreements
Care of Children Act 2004: Deals with arrangements for the care of children, including day-to-day care and contact arrangements following separation
Child Support Act 1991: Regulates child support obligations and payments between separated parents
Family Violence Act 2018: Relevant for including any protective provisions in the separation agreement and addressing any family violence concerns
Income Tax Act 2007: Pertains to tax implications of property transfers and support payments under the separation agreement
Social Security Act 2018: Relevant for understanding entitlements to benefits and social assistance after separation
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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