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1. Parties: Identification and details of both parties to the agreement
2. Background: Context of the marriage/relationship, separation status, and reason for the buyout arrangement
3. Definitions: Key terms used throughout the agreement including 'Relationship Property', 'Settlement Date', 'Transfer Price' etc.
4. Property Subject to Buyout: Detailed description of all property included in the buyout arrangement
5. Buyout Terms: Specific terms including purchase price, payment method, and timing of the buyout
6. Transfer Mechanics: Process and requirements for transferring property ownership
7. Representations and Warranties: Statements by both parties regarding property ownership, absence of encumbrances, etc.
8. Tax Considerations: Acknowledgment of tax implications and responsibilities
9. Release of Claims: Mutual release of future claims regarding the bought-out property
10. Governing Law: Confirmation that the agreement is governed by New Zealand law
11. Execution: Signing requirements and date of agreement
1. Mortgage and Financing: Required when the buyout involves assumption or refinancing of existing mortgages
2. Business Interests: Needed when the buyout includes shares or interests in business entities
3. Contingent Payments: Used when the buyout includes future or conditional payment arrangements
4. Maintenance Provisions: Required when ongoing maintenance payments are part of the buyout arrangement
5. Third Party Consents: Necessary when the transfer requires approval from banks, trustees, or other parties
6. Dispute Resolution: Optional detailed procedure for resolving future disputes
7. Confidentiality: When parties wish to keep the terms of the buyout private
1. Schedule A - Property Inventory: Detailed list of all relationship property subject to the buyout
2. Schedule B - Valuation Reports: Professional valuations of major assets included in the buyout
3. Schedule C - Payment Schedule: If payment is to be made in installments, detailed payment timeline
4. Schedule D - Existing Encumbrances: List of mortgages, liens, or other encumbrances affecting the property
5. Appendix 1 - Required Legal Certificates: Copies of legal certificates required for property transfer
6. Appendix 2 - Independent Legal Advice: Certificates of independent legal advice received by both parties
Relationship Property
Separate Property
Settlement Date
Transfer Date
Purchase Price
Deposit
Balance Payment
Transferor
Transferee
Property
Matrimonial Home
Chattels
Encumbrances
Independent Legal Advice
Valuation Date
Market Value
Settlement Statement
Transfer Instrument
Completion
Default Event
Business Day
Existing Mortgage
Certificate of Title
Relationship
Separation Date
Payment Schedule
Due Diligence Period
Conditions Precedent
Disclosure
Liabilities
Security Interest
Required Consents
Settlement Requirements
Warranties
Force Majeure
Confidential Information
Dispute
Relationship Debt
Joint Assets
Property Description
Purchase Price
Payment Terms
Transfer Obligations
Settlement Requirements
Representations and Warranties
Property Valuation
Due Diligence
Conditions Precedent
Mortgage and Finance
Release of Claims
Tax Provisions
Property Access
Completion Requirements
Default and Remedies
Confidentiality
Independent Legal Advice
Further Assurance
Notices
Assignment
Severability
Entire Agreement
Governing Law
Dispute Resolution
Force Majeure
Costs
Execution
Third Party Rights
Title Transfer
Disclosure Obligations
Risk and Insurance
Indemnification
Amendment
Legal Services
Financial Services
Real Estate
Banking
Property Management
Family Services
Professional Services
Consulting
Legal
Family Law
Property Law
Conveyancing
Settlements
Relationship Property
Dispute Resolution
Client Advisory
Document Processing
Family Lawyer
Property Lawyer
Legal Executive
Conveyancer
Financial Advisor
Mortgage Broker
Property Valuer
Family Court Judge
Mediator
Settlement Officer
Legal Associate
Relationship Property Specialist
Family Law Partner
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