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Uncontested Separation Agreement

Uncontested Separation Agreement Template for New Zealand

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Key Requirements PROMPT example:

Uncontested Separation Agreement

"I need an Uncontested Separation Agreement for a married couple separating from January 15, 2025, with equal division of relationship property including a family home and investment portfolio, but no children involved."

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Document background
The Uncontested Separation Agreement is a crucial document used in New Zealand when parties to a marriage, civil union, or de facto relationship agree to separate amicably and have reached consensus on all aspects of their separation. This document should be used when both parties have independently received legal advice and agree on matters such as property division, financial arrangements, and child care (if applicable). It must comply with New Zealand legislation, particularly the Property (Relationships) Act 1976 and Family Proceedings Act 1980. The agreement is especially valuable as it provides certainty and clarity for both parties, helps prevent future disputes, and can be used as evidence of the separation date for any subsequent dissolution of marriage proceedings.
Suggested Sections

1. Parties: Identifies the separating parties with their full legal names and addresses

2. Background: States the relationship history, date of separation, and intention to formalize separation arrangements

3. Definitions: Defines key terms used throughout the agreement

4. Acknowledgments: Confirms both parties have received independent legal advice and understand their rights

5. Separation: Formally acknowledges the separation and sets out the separation date

6. Division of Relationship Property: Details how relationship property will be divided between the parties

7. Financial Matters: Addresses joint accounts, debts, and ongoing financial obligations

8. Mutual Release: States that both parties release each other from future claims regarding relationship property

9. Variation: Specifies how the agreement can be modified

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

11. Execution: Provides for formal signing and witnessing of the agreement

Optional Sections

1. Children: Required if the couple has children - covers care arrangements, contact, and financial support

2. Spousal Maintenance: Required if ongoing maintenance payments are to be made between parties

3. Business Interests: Required if either party owns business interests that need to be addressed

4. Trust Arrangements: Required if there are family trusts or trust property to be considered

5. Pets: Required if there are arrangements to be made regarding pet ownership and care

6. Personal Effects: Optional section for specific arrangements regarding personal items

7. Confidentiality: Optional if parties wish to keep the terms of separation private

8. Future Dispute Resolution: Optional section outlining process for resolving future disputes

Suggested Schedules

1. Schedule 1 - Relationship Property: Detailed inventory of all relationship property with agreed values

2. Schedule 2 - Separate Property: List of property agreed to be separate property of each party

3. Schedule 3 - Distribution Schedule: Detailed breakdown of how property will be divided, including timing

4. Schedule 4 - Liabilities: List of all joint and separate liabilities and their allocation

5. Appendix A - Care Arrangements: Detailed parenting arrangements if children are involved

6. Appendix B - Financial Obligations: Detailed breakdown of ongoing financial obligations and payments

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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