Divorce Contract for New Zealand

Divorce Contract Template for New Zealand

A legally binding agreement under New Zealand law that formalizes the terms of separation between married parties, governed primarily by the Family Proceedings Act 1980 and the Property (Relationships) Act 1976. This comprehensive document outlines the division of relationship property, financial arrangements, and where applicable, arrangements for children's care and support. It requires independent legal advice for both parties and must comply with strict statutory requirements to be enforceable in the New Zealand Family Court system. The agreement typically includes detailed schedules of assets and liabilities, and can address matters such as spousal maintenance, child support, and division of significant assets like the family home or business interests.

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What is a Divorce Contract?

The Divorce Contract (also known as a Separation Agreement or Relationship Property Agreement in New Zealand) is a crucial legal document used when married couples decide to formally end their relationship. It operates within the framework of New Zealand family law, particularly the Family Proceedings Act 1980 and the Property (Relationships) Act 1976. This agreement should be used when parties have agreed to separate and wish to formalize their arrangements regarding property division, financial matters, and child-related issues if applicable. The document serves as a comprehensive record of the parties' agreements and, once properly executed with independent legal advice, becomes legally binding and enforceable. It can be used either as a standalone agreement or in conjunction with formal divorce proceedings in the New Zealand Family Court. The agreement typically includes detailed provisions for the division of relationship property, allocation of debts, arrangements for children, and any ongoing financial obligations between the parties.

What sections should be included in a Divorce Contract?

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

2. Background: Brief history of the relationship, date of marriage, date of separation, and purpose of the agreement

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

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

5. Separation Confirmation: Formal confirmation of separation and intention to live apart

6. Full and Final Settlement: Statement that this agreement represents a full and final settlement of all relationship property matters

7. Property Division: General principles and approach to division of relationship property

8. Financial Arrangements: Details of any ongoing financial obligations, including debt responsibility

9. Mutual Release: Release of future claims against each other's property

10. Variation: Circumstances and process for varying the agreement

11. Severability: Provision for severance of invalid clauses without affecting the whole agreement

12. Governing Law: Confirmation that New Zealand law governs the agreement

13. Execution: Signing and witnessing requirements

What sections are optional to include in a Divorce Contract?

1. Children's Arrangements: Used when the couple has children - covers day-to-day care, contact arrangements, and decision-making responsibilities

2. Child Support: Used when there are children - details of child support arrangements, whether following statutory calculations or by agreement

3. Spousal Maintenance: Used when one party will provide financial support to the other post-separation

4. Family Home: Used when there is a family home to be dealt with - specific arrangements for sale or transfer

5. Business Interests: Used when either party has business interests that need to be addressed

6. Trusts: Used when trust property or interests need to be addressed

7. Inheritance/Gifts: Used when there are specific inherited assets or gifts to be excluded from relationship property

8. Pets: Used when there are pets whose custody needs to be arranged

9. Protection Orders: Used when there are existing or required protection orders to be acknowledged

10. Confidentiality: Used when parties wish to keep the terms of their agreement private

What schedules should be included in a Divorce Contract?

1. Schedule A - Relationship Property: Comprehensive list of all relationship property with agreed values

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

3. Schedule C - Division of Chattels: Detailed list of how household items and personal effects are to be divided

4. Schedule D - Liabilities: List of all joint and separate liabilities and their agreed treatment

5. Schedule E - Bank Accounts: Details of all bank accounts and their agreed division

6. Schedule F - Superannuation: Details of superannuation/pension arrangements and their division

7. Appendix 1 - Children's Care Schedule: Detailed schedule of care arrangements for children, including holidays and special occasions

8. Appendix 2 - Independent Legal Advice Certificates: Certificates from lawyers confirming independent legal advice has been given to each party

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Financial Services

Family Law

Professional Services

Real Estate

Banking

Insurance

Wealth Management

Social Services

Public Sector

Relevant Teams

Legal

Family Law

Dispute Resolution

Corporate Advisory

Human Resources

Employee Relations

Benefits Administration

Risk Management

Compliance

Financial Advisory

Court Administration

Relevant Roles

Family Lawyer

Legal Counsel

Divorce Attorney

Mediator

Family Court Judge

Legal Executive

Paralegal

Financial Advisor

Relationship Property Specialist

Human Resources Manager

Benefits Coordinator

Insurance Underwriter

Bank Manager

Wealth Management Advisor

Social Worker

Family Court Registrar

Industries
Teams

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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