Pre Divorce Agreement Template for New Zealand

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Key Requirements PROMPT example:

Pre Divorce Agreement

"I need a Pre Divorce Agreement that covers the division of our family business and shared property portfolio, with special consideration for our three children's future education funds to be protected in a trust arrangement, targeting completion by March 2025."

Document background
The Pre-Divorce Agreement is a crucial legal document utilized in New Zealand when married couples are planning to separate and want to establish clear terms for their divorce before initiating formal proceedings. This agreement is drafted in compliance with New Zealand's Property (Relationships) Act 1976 and related family law legislation, typically being prepared when couples have reached mutual decisions about property division, financial arrangements, and if applicable, children's matters. The document requires both parties to receive independent legal advice and make full financial disclosure. It can cover various aspects including property division, spousal maintenance, business interests, and care arrangements for children, serving as a comprehensive roadmap for the divorce process and helping to prevent future disputes.
Suggested Sections

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

2. Background: Brief history of the relationship, marriage date, separation date, and purpose of the agreement

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

4. Acknowledgements: Parties' acknowledgment of independent legal advice, understanding of the agreement, and intention to be bound

5. Division of Relationship Property: General principles and agreed approach to dividing relationship property

6. Financial Arrangements: Overview of financial settlements, including any lump sum payments or transfers

7. Mutual Release: Parties' agreement to release each other from future claims relating to relationship property

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

9. Implementation: Timeframes and processes for implementing the agreement's terms

10. Dispute Resolution: Process for resolving any disputes arising from the agreement

11. General Provisions: Standard contractual terms including governing law, amendments, and severability

Optional Sections

1. Children's Arrangements: Used when the couple has children - covers care arrangements, contact schedules, and financial support

2. Spousal Maintenance: Used when ongoing maintenance payments are agreed between parties

3. Business Interests: Used when either party owns business interests that need to be addressed

4. International Assets: Used when parties have assets in multiple jurisdictions

5. Family Trust Provisions: Used when there are family trusts involved that need to be addressed

6. Inheritance and Gifts: Used when specific inherited assets or gifts need to be protected or addressed

7. Pets and Animals: Used when arrangements for pets need to be specified

8. Future Property: Used when there are expected future assets or inheritances to be addressed

9. Insurance and Superannuation: Used when insurance policies or retirement accounts need to be divided or addressed

Suggested Schedules

1. Schedule 1 - Relationship Property: Detailed list of all relationship property with agreed values and distribution

2. Schedule 2 - Separate Property: List of agreed separate property items retained by each party

3. Schedule 3 - Liabilities: List of all joint and separate liabilities and their agreed allocation

4. Schedule 4 - Implementation Timeline: Detailed timeline for implementing various aspects of the agreement

5. Appendix A - Financial Statements: Current financial statements of both parties

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

7. Appendix C - Business Valuations: If applicable, professional valuations of business interests

8. Appendix D - Parenting Schedule: If applicable, detailed schedule of care arrangements for children

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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Legal

Family Law

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Client Relations

Wealth Planning

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Family Lawyer

Legal Executive

Divorce Mediator

Family Court Judge

Property Lawyer

Financial Advisor

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Family Dispute Resolution Practitioner

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