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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."
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
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
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
Relationship
Separation Date
Relationship Property
Separate Property
Family Home
Chattels
Matrimonial Property
Child/Children
Day-to-day Care
Contact
Income
Financial Year
Working Day
Independent Legal Advice
Relationship Debt
Joint Property
KiwiSaver
Superannuation
Business Assets
Trust Property
Bank Accounts
Household Effects
Full and Final Settlement
Maintenance
Child Support
Execution Date
Effective Date
Party/Parties
Relationship Period
Future Property
Witness
Legal Representative
Variation
Confidential Information
Definitions
Acknowledgments
Independent Legal Advice
Separation Declaration
Property Division
Financial Settlement
Debt Allocation
Child Care Arrangements
Child Support
Spousal Maintenance
Release and Discharge
Full and Final Settlement
Confidentiality
Future Conduct
Non-Disclosure
Trust Arrangements
Business Interests
Superannuation
Bank Accounts
Motor Vehicles
Personal Effects
Pets
Insurance
Tax Matters
Further Assurance
Costs
Dispute Resolution
Variation
Severability
Governing Law
Execution
Legal Services
Family Law
Professional Services
Real Estate
Financial Services
Social Services
Legal
Family Law
Dispute Resolution
Property Law
Document Processing
Client Services
Advisory Services
Family Lawyer
Legal Executive
Mediator
Family Court Judge
Legal Secretary
Relationship Property Specialist
Family Law Partner
Legal Assistant
Property Lawyer
Financial Advisor
Social Worker
Counsellor
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