Divorce Settlement Agreement Template for New Zealand

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Key Requirements PROMPT example:

Divorce Settlement Agreement

"I need a Divorce Settlement Agreement that covers the equal division of our family home and joint savings accounts, with a planned separation date of March 1, 2025, and no children or business assets involved."

Document background
The Divorce Settlement Agreement is a crucial legal document used in New Zealand when married couples decide to formally end their marriage and settle their affairs. This agreement is drafted in accordance with the Family Proceedings Act 1980 and the Property (Relationships) Act 1976, typically being prepared after separation but before or during divorce proceedings. It comprehensively covers property division, financial arrangements, spousal maintenance, and where applicable, arrangements for children's care and support. The document must be drafted with independent legal advice for both parties and requires careful consideration of all assets, liabilities, and future obligations. While not all divorcing couples need a formal settlement agreement, it is highly recommended for those with significant assets, children, or complex financial arrangements, as it provides clarity and certainty while reducing the likelihood of future disputes.
Suggested Sections

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

2. Background: Brief history of the marriage, date of separation, and context for the agreement

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

4. Acknowledgments: Parties' acknowledgment of independent legal advice, fairness of agreement, and full disclosure

5. Separation Confirmation: Formal confirmation of separation and intention to divorce

6. Division of Relationship Property: General principles and approach to property division

7. Financial Matters: Treatment of joint accounts, debts, and ongoing financial obligations

8. Tax Matters: Handling of tax obligations and arrangements

9. Mutual Release: Release of future claims against each other's property

10. Disclosure: Confirmation of full financial disclosure by both parties

11. Execution and Implementation: Requirements for signing and implementing the agreement

12. Governing Law: Confirmation that New Zealand law governs the agreement

Optional Sections

1. Children's Arrangements: Details of custody, access, and care arrangements for children - included when the couple has children

2. Child Support: Arrangements for child support payments and additional expenses - included when there are dependent children

3. Spousal Maintenance: Terms of any ongoing spousal maintenance - included when relevant

4. Business Interests: Division or handling of business assets - included when parties have business interests

5. Superannuation: Division of retirement accounts and pension benefits - included when applicable

6. Family Home: Specific arrangements for the family home - included when there is a family home to address

7. Protection Orders: Reference to any existing or required protection orders - included when domestic violence is a factor

8. Future Dispute Resolution: Process for resolving future disputes - optional but recommended

9. Life Insurance: Requirements for maintaining life insurance policies - included when relevant, especially with dependent children

Suggested Schedules

1. Schedule A - Relationship Property: Comprehensive 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 - Division of Chattels: Detailed list of household items and their allocation

4. Schedule D - Debts and Liabilities: List of all joint and separate debts and their allocation

5. Schedule E - Children's Care Schedule: Detailed weekly/monthly schedule for children's care arrangements

6. Appendix 1 - Financial Statements: Current financial statements of both parties

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

8. Appendix 3 - Transfer Documents: Copies of property transfer documents or instructions

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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