Divorce Agreement Template for New Zealand

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Key Requirements PROMPT example:

Divorce Agreement

"I need a New Zealand Divorce Agreement that focuses on the division of our business assets, including our jointly-owned retail company and investment portfolio, with specific provisions for maintaining business continuity during the transition."

Document background
The Divorce Agreement is a crucial legal document used in New Zealand when couples seek to formally end their marriage and establish binding arrangements for their separation. It must comply with New Zealand's Family Proceedings Act 1980 and is typically prepared after the mandatory two-year separation period required for divorce in New Zealand. The agreement comprehensively addresses property division under the Property (Relationships) Act 1976, financial settlements, and if relevant, arrangements for children under the Care of Children Act 2004. This document serves as evidence of the parties' intentions, helps prevent future disputes, and can be used in court proceedings if necessary. Independent legal advice is mandatory for both parties before signing, and the agreement must be properly executed to be legally enforceable.
Suggested Sections

1. Parties: Identification and details of both parties to the divorce agreement

2. Background: Details of the marriage, separation date, and reasons for entering into the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Grounds for Divorce: Confirmation that the marriage has irretrievably broken down and the parties have lived apart for at least two years

5. Acknowledgments: Parties' acknowledgments of independent legal advice and understanding of their rights

6. Division of Relationship Property: General principles and overview of how relationship property will be divided

7. Financial Disclosure: Confirmation that both parties have made full and frank disclosure of all assets and liabilities

8. Mutual Release: Release of future claims against each other's property or estate

9. Confidentiality: Provisions regarding the confidentiality of the agreement and personal information

10. Severability: Provision ensuring that if any part of the agreement is found to be invalid, the rest remains enforceable

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

12. Execution: Details of how and when the agreement will be signed and witnessed

Optional Sections

1. Care of Children: Used when there are children of the marriage - includes arrangements for day-to-day care, contact, and decision-making

2. Child Support: Used when there are children - outlines child support arrangements and obligations

3. Spousal Maintenance: Used when ongoing spousal maintenance is part of the settlement

4. Family Home: Used when there is a family home to be dealt with specifically

5. Business Assets: Used when there are business interests to be divided or retained

6. Superannuation: Used when there are superannuation or pension entitlements to be divided

7. Debt Management: Used when there are significant debts to be allocated between parties

8. Pets: Used when there are pets whose custody needs to be determined

9. Future Conflict Resolution: Used when parties want to specify methods for resolving future disputes

10. Cultural Considerations: Used when specific cultural practices or properties need to be addressed

Suggested Schedules

1. Schedule 1 - Assets and Liabilities: Comprehensive list of all relationship property assets and liabilities with agreed values

2. Schedule 2 - Property Division Details: Detailed breakdown of how specific assets and liabilities will be divided

3. Schedule 3 - Care Arrangements for Children: Detailed parenting schedule including holidays and special occasions

4. Schedule 4 - Personal Effects: List of personal items and their agreed distribution

5. Appendix A - Valuation Reports: Professional valuations of significant assets

6. Appendix B - Supporting Documents: Copies of relevant certificates, court orders, or other supporting documentation

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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