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A Divorce Agreement, also called a Separation Agreement in New Zealand, spells out how a married couple will handle their separation and division of assets. It covers important decisions about property division, financial support, and arrangements for children if any are involved.

Under the Family Proceedings Act 1980, this legally binding document sets clear terms for both parties moving forward. While you can create this agreement privately, most Kiwi couples work with family lawyers to ensure it meets legal requirements and protects everyone's interests. Once signed and properly witnessed, the agreement becomes enforceable through New Zealand courts.

Create a Divorce Agreement as soon as you and your spouse decide to permanently separate. This document helps prevent future disputes by clearly laying out how you'll divide property, handle finances, and care for children before emotions run high or memories of verbal agreements fade.

The timing matters: in New Zealand, you must be separated for two years before finalizing a divorce, but you can make this agreement right away. Getting it done early protects both parties' interests, makes the eventual divorce process smoother, and gives you a clear framework for managing practical matters during the separation period.

• Agreement Of Separation: The basic framework covering all separation terms, used during the mandatory two-year separation period
• Divorce Settlement Agreement: A comprehensive agreement covering all aspects of the divorce, including children, assets, and ongoing obligations
• Financial Agreement Divorce: Focuses specifically on monetary matters, including debt division and spousal maintenance
• Property Separation Agreement: Deals exclusively with dividing physical assets and property between parties
• Real Estate Settlement Agreement: Specialized version for couples with significant real estate holdings requiring detailed property division

• Separating Spouses: The primary parties who negotiate and agree to the terms, with both required to sign for the agreement to be valid
• Family Law Solicitors: Draft and review agreements, ensure legal compliance, and protect their clients' interests during negotiations
• Legal Executives: Often handle document preparation and help gather required financial information
• Mediators: Help couples reach agreement on contested issues before finalizing the document
• Family Court Judges: May review and enforce agreements if disputes arise or terms need modification
• Independent Witnesses: Required to witness signatures and verify both parties signed voluntarily

• Financial Records: Gather bank statements, investment portfolios, superannuation details, and all property valuations
• Asset Inventory: List all joint and individual assets, including vehicles, jewelry, and household items
• Debt Documentation: Compile mortgage statements, credit card bills, and any other shared debts
• Income Evidence: Collect recent pay slips, tax returns, and business income records
• Children's Details: Document school arrangements, medical needs, and current care schedules
• Draft Agreement: Use our platform to generate a legally compliant document that includes all mandatory elements
• Signing Requirements: Arrange for independent witnesses and ensure both parties sign voluntarily

• Identification Details: Full legal names, addresses, and marriage details of both parties
• Property Division: Clear listing of how all relationship property will be divided, including the family home
• Financial Arrangements: Specifics about spousal maintenance, debt allocation, and ongoing financial obligations
• Children's Provisions: Care arrangements, contact schedules, and financial support for any children
• Timing Clauses: Implementation dates and deadlines for property transfers or payments
• Legal Compliance: Statement confirming agreement meets Family Proceedings Act 1980 requirements
• Signature Block: Space for both parties' signatures, dates, and independent witness details
• Severability Clause: Protection ensuring partial invalidity doesn't void entire agreement

A Divorce Agreement differs significantly from an Arbitration Agreement, though both deal with dispute resolution. While a Divorce Agreement sets out the complete terms of a marriage dissolution, an Arbitration Agreement specifically outlines how future disputes will be resolved outside of court.

• Timing and Purpose: Divorce Agreements are created when ending a marriage, covering all aspects of separation. Arbitration Agreements focus solely on future dispute resolution methods
• Scope: Divorce Agreements handle property division, childcare, and financial settlements. Arbitration Agreements only address the process for resolving disagreements
• Legal Framework: Divorce Agreements operate under the Family Proceedings Act 1980. Arbitration Agreements follow the Arbitration Act 1996
• Enforcement: Divorce Agreements are enforced through Family Court. Arbitration decisions are binding but handled through private arbitrators