Mutual Divorce Agreement Template for New Zealand

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Key Requirements PROMPT example:

Mutual Divorce Agreement

"I need a Mutual Divorce Agreement for a couple with two minor children, shared ownership of a family business, and property in both New Zealand and Australia, with the separation date being January 15, 2025."

Document background
The Mutual Divorce Agreement is a fundamental document in New Zealand family law, used when both parties agree to divorce after living separately for at least two years. This document is essential for couples seeking to formalize their separation and obtain a dissolution of marriage through the Family Court of New Zealand. The agreement comprehensively addresses property division, financial arrangements, and child custody matters if applicable. It must comply with several key pieces of legislation, including the Family Proceedings Act 1980 and the Property (Relationships) Act 1976. The document serves as evidence of the parties' mutual consent to divorce and their agreement on all material matters, forming the basis for the court's final dissolution order. It's particularly useful for uncontested divorces where both parties have reached consensus on major issues.
Suggested Sections

1. Parties: Identifies the separating spouses with their full legal names, addresses, and occupations

2. Background: States the marriage date, place of marriage, date of separation, and confirmation that parties have lived apart for at least 2 years (as required by NZ law)

3. Definitions: Defines key terms used throughout the agreement

4. Acknowledgments: Confirms both parties enter the agreement freely, have received independent legal advice, and understand their rights

5. Grounds for Dissolution: States the grounds for divorce under NZ law (living apart for 2 years) and mutual agreement to dissolve the marriage

6. Financial Disclosure: Confirms both parties have made full and frank disclosure of all assets and liabilities

7. Division of Relationship Property: Details how the relationship property will be divided between the parties

8. Mutual Release: States that each party releases the other from future claims relating to the marriage

9. Costs: Specifies how legal costs and court fees will be paid

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

Optional Sections

1. Children of the Marriage: Required if there are children - includes arrangements for day-to-day care, contact, and child support

2. Spousal Maintenance: Include if there are ongoing spousal maintenance arrangements

3. Business Interests: Required if the parties have shared business interests that need to be separated

4. Superannuation: Include if there are retirement funds to be divided

5. Taxation Matters: Include if there are significant tax implications from the property division

6. Family Trust Arrangements: Required if there are family trusts involved

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

8. International Assets: Required if there are assets in other countries

9. Future Dispute Resolution: Optional section outlining how future disputes will be handled

Suggested Schedules

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

2. Schedule 2 - Property Transfer Details: Specific details of how and when property will be transferred between parties

3. Schedule 3 - Child Care Arrangements: Detailed parenting arrangements including holiday schedules and special occasions

4. Schedule 4 - Superannuation Details: Details of superannuation splitting arrangements

5. Appendix A - Financial Disclosure Statements: Sworn financial statements from both parties

6. Appendix B - Independent Valuations: Professional valuations of significant assets

7. Appendix C - Business Separation Plan: Detailed plan for separating business interests if applicable

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
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Divorce Lawyer

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