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Joint Separation Agreement Template for New Zealand

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Key Requirements PROMPT example:

Joint Separation Agreement

"I need a Joint Separation Agreement for a 12-year marriage with two children under 10, including provisions for shared custody and division of our family home, investment property, and joint business interests, with the separation to take effect from March 1, 2025."

Document background
The Joint Separation Agreement is a crucial legal document used in New Zealand when couples (married, civil union, or de facto) decide to formally separate and want to document their agreed arrangements. It is governed primarily by the Property (Relationships) Act 1976 and must comply with New Zealand family law requirements. The agreement typically becomes necessary when partners have reached mutual decisions about property division, financial arrangements, and (if applicable) care of children, but before proceeding with formal dissolution of marriage or civil union. It should be used when both parties are willing to negotiate and agree on separation terms, have provided full financial disclosure, and can obtain independent legal advice. The document serves as a comprehensive record of the separation arrangements and can help prevent future disputes by clearly documenting all agreed terms.
Suggested Sections

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

2. Background: Details of the relationship, date of separation, and purpose of the agreement

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

4. Acknowledgments: Parties' acknowledgments regarding independent legal advice, disclosure, and understanding of their rights

5. Separation: Formal acknowledgment of separation and future living arrangements

6. Division of Relationship Property: General principles and agreement regarding the division of relationship property

7. Mutual Release and Discharge: Mutual release of future claims against each other's property

8. Implementation: Obligations to execute necessary documents and take steps to implement the agreement

9. Confidentiality: Provisions regarding the confidentiality of the agreement and personal matters

10. Dispute Resolution: Process for resolving any future disputes regarding the agreement

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

12. Execution: Signing provisions and attestation requirements

Optional Sections

1. Children: Arrangements for care of children, including day-to-day care, contact, and financial support - used when the parties have children

2. Spousal Maintenance: Provisions for ongoing financial support between parties - used when one party requires financial support

3. Business Interests: Specific provisions dealing with division or management of business interests - used when parties have shared business interests

4. Superannuation: Division of retirement savings and superannuation - used when parties have significant retirement savings

5. Debt Management: Allocation of responsibility for joint debts - used when parties have significant shared debts

6. Family Trust Provisions: Arrangements regarding family trusts - used when parties have trust interests

7. Pets: Arrangements for the care and custody of pets - used when parties have shared pets

8. Future Property: Provisions regarding property acquired after separation - used when future property rights need to be addressed

Suggested Schedules

1. Schedule 1 - Relationship Property: Detailed list and agreed values of all relationship property to be divided

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

3. Schedule 3 - Implementation Actions: Specific actions required to implement the agreement, including timing

4. Schedule 4 - Chattels Division: Detailed list of household items and personal effects and their allocation

5. Schedule 5 - Documents for Execution: List of additional documents required to be signed to implement the agreement

6. Appendix A - Financial Disclosure: Summary of financial positions of both parties

7. Appendix B - Independent Legal Advice Certificates: Certificates from lawyers confirming independent legal advice

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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Family Lawyer

Legal Executive

Property Lawyer

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