Temporary Separation Agreement Template for New Zealand

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Key Requirements PROMPT example:

Temporary Separation Agreement

"I need a Temporary Separation Agreement that covers the management of our jointly-owned business and shared investment portfolio during our trial separation, with specific provisions for profit distribution and business decision-making from January 2025 to July 2025."

Document background
The Temporary Separation Agreement is a crucial document in New Zealand family law, designed to provide structure and legal certainty during the initial phase of relationship separation. It serves as an interim measure when couples (married, in a civil union, or in a de facto relationship) decide to separate but are not yet ready for permanent arrangements or divorce. The agreement typically includes provisions for living arrangements, financial responsibilities, childcare, property management, and other practical matters, all governed by New Zealand legislation including the Property (Relationships) Act 1976 and the Care of Children Act 2004. This document is particularly valuable when parties need time to evaluate their relationship's future while maintaining clear boundaries and responsibilities. The Temporary Separation Agreement can be modified as circumstances change and may either lead to reconciliation or form the basis for more permanent separation arrangements.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement, including 'relationship property', 'separate property', 'separation period', etc.

4. Duration of Agreement: Specified timeframe for the temporary separation and conditions for review or extension

5. Living Arrangements: Details of who will occupy the family home and any temporary relocation arrangements

6. Financial Arrangements: Interim arrangements for handling joint accounts, bills, mortgages, and daily living expenses

7. Children's Arrangements: Temporary care arrangements for any children, including day-to-day care, contact schedules, and decision-making responsibilities

8. Interim Property Division: Temporary arrangements for the use and management of relationship property during separation

9. Disclosure Obligations: Requirements for both parties to disclose relevant financial information during the separation period

10. Variation of Agreement: Process for modifying the agreement if circumstances change during the separation period

11. Dispute Resolution: Process for resolving any disputes that arise during the separation period

12. Legal Advice: Acknowledgment that both parties have had the opportunity to seek independent legal advice

Optional Sections

1. Domestic Violence Provisions: Include when there is a history of domestic violence or safety concerns, outlining protective measures and compliance with any existing orders

2. Business Operations: Include when the parties share business interests, detailing temporary management and operation arrangements

3. Overseas Travel: Include when there are children and international travel may be required, or when one party may need to travel for work

4. Pet Care Arrangements: Include when there are pets to consider, detailing temporary custody and care arrangements

5. Cultural Considerations: Include when specific cultural practices or obligations need to be maintained during separation

6. Support Person Contact: Include when either party requires support persons or supervisors for contact arrangements

7. Medical Decisions: Include when there are ongoing medical issues requiring joint decision-making

8. Educational Arrangements: Include when there are school-age children and specific educational decisions need to be addressed

Suggested Schedules

1. Schedule A - Asset Register: Comprehensive list of relationship property and separate property, including current values and possession arrangements

2. Schedule B - Financial Obligations: List of joint debts, loans, and ongoing financial commitments, including responsibility for payments

3. Schedule C - Weekly/Monthly Budget: Detailed budget showing income, expenses, and allocation of financial responsibilities

4. Schedule D - Contact Schedule: Detailed calendar of care arrangements for children, including special occasions and holidays

5. Schedule E - Household Items: Inventory of household items and temporary possession arrangements

6. Appendix 1 - Communication Protocol: Guidelines for communication between parties during separation

7. Appendix 2 - Important Documents: List of important documents and their locations (e.g., passports, birth certificates, insurance policies)

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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