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Informal Separation Agreement Template for New Zealand

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Key Requirements PROMPT example:

Informal Separation Agreement

"I need an Informal Separation Agreement for a married couple separating as of March 1, 2025, with two minor children, shared ownership of a family home, and a small business that needs to be divided."

Document background
The Informal Separation Agreement is a vital document in New Zealand family law, designed for couples who are separating but may not yet be ready for, or interested in, formal divorce proceedings. This document provides a structured framework for separating couples to document their agreements regarding property division, financial arrangements, and child-related matters if applicable. While informal in nature, the agreement should still align with the Property (Relationships) Act 1976, the Care of Children Act 2004, and other relevant New Zealand legislation. It's particularly useful for couples who want to document their separation arrangements without immediate court involvement, while maintaining the option to formalize these arrangements later. The agreement can be used by married couples, civil union partners, or those in de facto relationships, and can be especially valuable during the mandatory two-year separation period required before divorce in New Zealand.
Suggested Sections

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

2. Background: Brief history of the relationship, date of marriage/civil union/de facto relationship, date of separation, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Date of Separation: Clear statement of the agreed separation date, which is crucial for legal and property division purposes

5. Living Arrangements: Details of who will live where, including any arrangements for the family home

6. Division of Relationship Property: General principles and agreement on how relationship property will be divided

7. Financial Arrangements: Overview of how ongoing financial matters will be handled, including joint accounts, bills, and debt responsibilities

8. Acknowledgments: Statements confirming both parties understand their rights and have entered the agreement voluntarily

9. Dispute Resolution: Process for resolving any future disputes about the agreement

10. Execution: Signing and witnessing requirements

Optional Sections

1. Children's Arrangements: Details of day-to-day care, contact arrangements, and decision-making responsibilities for children (included when parties have children)

2. Child Support: Arrangements for financial support of children, whether following statutory guidelines or by agreement (included when parties have children)

3. Spousal Maintenance: Arrangements for ongoing financial support between parties (included when relevant to the parties' circumstances)

4. Family Violence Provisions: Special provisions regarding contact and communication where there are family violence concerns

5. Pets: Arrangements for the care and custody of family pets (included when relevant)

6. Future Property Division: Provisions for dealing with property or assets that cannot be immediately divided

7. Cultural Considerations: Special provisions relating to cultural practices or obligations (included when relevant to the parties)

8. Business Interests: Arrangements regarding any shared business interests or operations (included when parties have business relationships)

Suggested Schedules

1. Schedule A - Property Schedule: Detailed list of all relationship property including real estate, vehicles, furniture, and personal items, with agreed values and allocation

2. Schedule B - Debt Schedule: List of all joint and separate debts, including mortgages, loans, and credit cards, with agreed responsibility for each

3. Schedule C - Children's Care Schedule: Detailed parenting timetable including regular care arrangements, holidays, and special occasions

4. Schedule D - Specific Items List: Detailed list of specific items of personal property and their agreed allocation

5. Appendix 1 - Financial Disclosure: Summary of financial positions of both parties at separation

6. Appendix 2 - Supporting Documents: Copies of relevant documents such as valuations, bank statements, or other supporting material

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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