Amicable Separation Agreement Template for New Zealand

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Key Requirements PROMPT example:

Amicable Separation Agreement

"I need an Amicable Separation Agreement for a couple separating after 15 years of marriage, with a clean 50/50 split of assets including a family home and investment property, but no children involved - the agreement needs to be ready for signing by March 2025."

Document background
The Amicable Separation Agreement is a crucial document in New Zealand family law, designed for couples who have decided to end their relationship cooperatively and wish to formalize their separation arrangements without court intervention. It is typically used when both parties can reach mutual agreement on key issues such as property division, financial matters, and children's arrangements (if applicable). The document must comply with the Property (Relationships) Act 1976, Family Proceedings Act 1980, and other relevant New Zealand legislation. To be legally binding, both parties must receive independent legal advice and have their signatures witnessed. This agreement is particularly valuable as it can prevent future disputes by clearly documenting all agreed terms and can be used as evidence of separation for future divorce proceedings.
Suggested Sections

1. Parties: Identification of both parties to the separation agreement, including full legal names and addresses

2. Background: Brief history of the relationship, date of marriage/cohabitation, date of separation, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including 'relationship property', 'separate property', 'child/children', etc.

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

5. Separation Declaration: Formal declaration of separation and intent to live apart

6. Division of Relationship Property: Detailed arrangements for the division of all relationship property including the family home, vehicles, furniture, and financial assets

7. Financial Obligations: Details of any ongoing financial obligations between the parties, including debt allocation

8. Full and Final Settlement: Clause stating that this agreement represents a full and final settlement of all property matters

9. Variation of Agreement: Process for making any future changes to the agreement

10. Governing Law: Confirmation that the agreement is governed by New Zealand law

11. Execution: Signing and witnessing requirements

Optional Sections

1. Care of Children: Required when the parties have children - includes day-to-day care arrangements, contact schedules, and decision-making responsibilities

2. Child Support: Required when there are children - details of financial support arrangements for children

3. Spousal Maintenance: Include when one party will be providing financial support to the other post-separation

4. Family Trust Provisions: Include when there are family trust assets to be addressed

5. Superannuation: Include when there are KiwiSaver or other retirement funds to be divided

6. Business Assets: Include when there are business interests to be divided or addressed

7. Pets: Include when there are pets whose custody needs to be determined

8. Immigration Status: Include when one party's immigration status might be affected by the separation

9. Confidentiality: Optional clause regarding privacy of the agreement terms

10. Future Dispute Resolution: Optional mechanism for resolving any future disputes about the agreement

Suggested Schedules

1. Schedule 1 - Property List: Comprehensive list of all relationship property with agreed values

2. Schedule 2 - Distribution Schedule: Detailed breakdown of how property will be divided between parties

3. Schedule 3 - Debt Schedule: List of all debts and liabilities and their allocation

4. Schedule 4 - Children's Care Schedule: Detailed parenting arrangements including calendar for regular care and contact

5. Schedule 5 - Personal Effects Inventory: List of personal items and their agreed allocation

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

7. Appendix B - Valuations: Any professional valuations obtained for significant assets

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

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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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