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Divorce Waiver

Divorce Waiver Template for New Zealand

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Key Requirements PROMPT example:

Divorce Waiver

"I need a Divorce Waiver under New Zealand law for a high-net-worth separation involving international assets in Australia and Singapore, with specific provisions for waiving rights to three jointly-owned business enterprises, to be executed by March 2025."

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Document background
The Divorce Waiver is a crucial document in New Zealand's family law framework, typically used when divorcing couples wish to formally relinquish certain legal rights they would otherwise be entitled to under New Zealand legislation. This document becomes relevant when parties have reached an agreement different from their statutory entitlements under the Property (Relationships) Act 1976 or Family Proceedings Act 1980. The Divorce Waiver must include clear identification of the rights being waived, acknowledgment of independent legal advice, and confirmation of voluntary execution. It's particularly important in cases involving significant assets, business interests, or international property. The document requires careful drafting to ensure compliance with New Zealand law and typically includes detailed schedules of assets and certificates of independent legal advice.
Suggested Sections

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

2. Background: Context of the marriage, separation, and current proceedings including relevant dates and circumstances

3. Definitions: Key terms used throughout the document, including 'matrimonial property', 'separate property', and other relevant legal terms

4. Acknowledgment of Independent Legal Advice: Confirmation that each party has received independent legal advice about their rights and the effect of the waiver

5. Rights Being Waived: Specific enumeration of the legal rights, claims, and entitlements being waived by each party

6. Voluntary Execution: Declaration that the waiver is being executed voluntarily and without duress or undue influence

7. Severability: Provision stating that if any part of the waiver is found to be invalid, the remainder continues in force

8. Governing Law: Specification that the waiver is governed by New Zealand law

9. Execution: Signature blocks for both parties and their witnesses

Optional Sections

1. Children's Arrangements: Required if there are children of the marriage - addresses understanding that this waiver does not affect children's rights or arrangements

2. International Assets: Required if either party has assets in other jurisdictions - addresses cross-border implications

3. Business Interests: Required if either party has business interests - specific provisions regarding business assets and liabilities

4. Future Claims: Optional section specifically addressing potential future claims or inheritance

5. Confidentiality: Optional provisions regarding privacy and non-disclosure of settlement terms

6. Survival of Terms: Optional section specifying which terms survive beyond divorce

7. Mutual Releases: Optional comprehensive mutual releases of claims beyond standard waiver provisions

Suggested Schedules

1. Schedule A - Asset Schedule: Comprehensive list of assets being addressed in the waiver

2. Schedule B - Legal Rights Summary: Summary of legal rights being waived, as advised by respective counsel

3. Schedule C - Certificate of Independent Legal Advice: Certificates from each party's lawyer confirming independent legal advice

4. Appendix 1 - Relevant Court Orders: Copies of any existing court orders or proceedings relevant to the waiver

5. Appendix 2 - Financial Disclosure: Summary of financial disclosure provided by both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Divorce Attorney

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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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