Voluntary Divorce Agreement Template for New Zealand

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Key Requirements PROMPT example:

Voluntary Divorce Agreement

"I need a Voluntary Divorce Agreement to be drafted by January 2025 that includes arrangements for our three children under 12, division of our family home and holiday property, and addresses my self-employed business interests."

Document background
A Voluntary Divorce Agreement is a crucial document in New Zealand's family law framework, used when married couples mutually agree to end their marriage and formalize their separation arrangements. This agreement serves as a precursor to filing for formal dissolution of marriage, which can only be granted by the Family Court after two years of separation. The document encompasses comprehensive arrangements for property division under the Property (Relationships) Act 1976, financial settlements, and child-related matters under the Care of Children Act 2004. It's particularly valuable for couples who have reached amicable agreements and wish to document their arrangements formally before proceeding with court applications. The agreement must comply with New Zealand legal requirements, including the need for independent legal advice for both parties, and typically forms part of the documentation submitted to the Family Court when applying for a dissolution of marriage.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the agreement

2. Background: Details of the marriage, including date and place of marriage, date of separation, and confirmation that marriage has broken down irretrievably

3. Definitions: Key terms used throughout the agreement

4. Acknowledgments: Confirmation that both parties enter the agreement voluntarily, have received independent legal advice, and understand their rights

5. Separation Terms: Formal agreement to live separately and details of separation arrangements

6. Division of Relationship Property: General principles and overview of how property will be divided

7. Financial Matters: Agreement on handling joint accounts, debts, and ongoing financial obligations

8. Legal Proceedings: Agreement regarding the filing of dissolution proceedings and cooperation in the process

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

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

11. Execution: Signing requirements and witness details

Optional Sections

1. Children's Arrangements: Used when the couple has children, detailing custody, access, and child support arrangements

2. Spousal Maintenance: Include when one party will provide financial support to the other after separation

3. Business Interests: Required when either party owns business assets that need to be addressed

4. Inheritance and Gifts: Include when there are significant inherited assets or gifts to be excluded from relationship property

5. Overseas Assets: Used when parties have assets in other jurisdictions

6. Family Trust Arrangements: Include when there are family trusts involved

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

8. Confidentiality: Include when parties wish to keep the terms of separation private

Suggested Schedules

1. Schedule A - Asset and Liability Schedule: Detailed list of all relationship property, separate property, and liabilities

2. Schedule B - Property Valuation Reports: Professional valuations of significant assets like homes or businesses

3. Schedule C - Parenting Plan: Detailed arrangements for care of children, including holiday schedules and special occasions

4. Schedule D - Financial Disclosure: Complete disclosure of both parties' financial positions

5. Appendix 1 - Independent Legal Advice Certificates: Certificates from each party's lawyer confirming independent legal advice was received

6. Appendix 2 - Supporting Documents: Copies of relevant documents such as marriage certificate, property titles, or trust deeds

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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