Mediation Separation Agreement Template for New Zealand

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Key Requirements PROMPT example:

Mediation Separation Agreement

"I need a Mediation Separation Agreement for a couple separating after a 15-year marriage, with joint custody arrangements for two children and division of a family home, investment property, and shared business interests, to be implemented by March 2025."

Document background
The Mediation Separation Agreement is a crucial document in New Zealand's family law framework, used when couples decide to formalize their separation through mediation rather than immediate court proceedings. It becomes relevant when married, civil union, or de facto couples choose to separate and wish to document their agreed arrangements through a facilitated process. The agreement covers essential aspects such as property division, financial arrangements, and child care arrangements if applicable, all within the context of New Zealand's Property (Relationships) Act 1976 and Family Dispute Resolution Act 2013. This document serves as evidence of the parties' intentions, can be used for future reference or dispute resolution, and may be required if the separation later proceeds to formal divorce proceedings. The mediated approach often results in more amicable and cost-effective resolutions compared to adversarial court proceedings.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses

2. Background: Outlines the history of the relationship, date of separation, and context for the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Purpose and Intent: States the purpose of the agreement and confirms it results from mediation

5. Acknowledgments: Confirms parties received independent legal advice and enter agreement voluntarily

6. Separation Confirmation: Formally acknowledges the separation and its effective date

7. Division of Relationship Property: Details the agreed division of all relationship property

8. Financial Matters: Addresses ongoing financial obligations, including debt allocation

9. Mutual Release: Releases parties from future claims regarding matters covered in agreement

10. Confidentiality: Specifies confidentiality obligations regarding the agreement and mediation

11. Dispute Resolution: Outlines process for resolving future disputes about the agreement

12. Costs: Specifies how costs of agreement and mediation are to be paid

13. General Provisions: Includes standard clauses about interpretation, modification, and governing law

14. Execution: Formal signing section including witness requirements

Optional Sections

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

2. Spousal Maintenance: Include if ongoing maintenance payments are agreed

3. Business Interests: Required if parties have shared business interests requiring separation

4. Intellectual Property: Include if there are IP rights to be divided

5. Pets: Include if there are arrangements needed for family pets

6. Family Trust Provisions: Required if parties have interests in family trusts

7. International Assets: Include if parties have assets in multiple jurisdictions

8. Cultural Considerations: Include specific provisions relating to taonga or cultural property

Suggested Schedules

1. Schedule A - Property List: Detailed inventory of all relationship property with agreed values

2. Schedule B - Distribution Schedule: Specific allocation of assets and liabilities to each party

3. Schedule C - Financial Obligations: Details of any ongoing financial arrangements or payments

4. Schedule D - Children's Care Schedule: Detailed parenting arrangements if applicable

5. Schedule E - Business Assets: Detailed listing of business assets and their distribution if applicable

6. Appendix 1 - Valuations: Professional valuations of significant assets

7. Appendix 2 - Legal Advice Certificates: Certificates from each party's legal advisor confirming independent advice

8. Appendix 3 - Mediation Certificate: Certificate from mediator confirming mediation process

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

Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Family Law

Dispute Resolution

Property Services

Financial Services

Social Services

Professional Services

Family Mediation Services

Relationship Counseling

Relevant Teams

Legal

Family Law

Dispute Resolution

Property Services

Document Processing

Client Services

Advisory Services

Mediation Services

Court Services

Administrative Support

Relevant Roles

Family Lawyer

Mediator

Legal Executive

Family Court Judge

Relationship Property Specialist

Family Law Partner

Legal Secretary

Paralegal

Family Court Registrar

Property Valuer

Financial Advisor

Family Dispute Resolution Practitioner

Legal Document Specialist

Relationship Counselor

Industries
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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