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50 50 Separation Agreement Template for New Zealand

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Key Requirements PROMPT example:

50 50 Separation Agreement

"I need a 50/50 Separation Agreement for a 12-year marriage with two children, including division of a family home in Auckland and shared investment portfolio, with implementation to be completed by March 2025."

Document background
The 50/50 Separation Agreement is a crucial document in New Zealand family law, designed to formalize the equal division of relationship property when partners separate. This agreement is founded on the principles established in the Property (Relationships) Act 1976, which presumes equal sharing of relationship property. It is typically used when partners have reached mutual agreement on property division and wish to document their arrangement in a legally binding format. The agreement must be certified by lawyers for both parties and can cover various aspects including real estate, financial assets, personal property, business interests, and debts. This type of agreement is particularly important in New Zealand as it provides certainty and finality to property matters, helping partners move forward independently while ensuring their rights are protected under New Zealand law.
Suggested Sections

1. Parties: Identification of both parties to the agreement, including full legal names and addresses

2. Background: Brief history of the relationship, date of separation, and context for the agreement

3. Definitions: Key terms used throughout the agreement, including 'relationship property', 'separate property', and other relevant definitions

4. Agreement to Separate: Formal declaration of separation and intention to live apart

5. Division of Relationship Property: Core terms of the 50/50 division, including general principles and methodology

6. Implementation of Division: Specific steps and timeframes for implementing the property division

7. Mutual Releases: Provisions releasing each party from future claims under the Property (Relationships) Act

8. Tax Implications: Acknowledgment of tax consequences and responsibility for tax liabilities

9. Binding Agreement: Confirmation that the agreement is intended to be binding and final

10. Independent Legal Advice: Confirmation that both parties have received independent legal advice

11. Execution: Signing provisions and witness requirements

Optional Sections

1. Children's Arrangements: Details of care arrangements, contact, and financial support for children - include when parties have children

2. Business Interests: Specific provisions for division or management of business assets - include when parties have business interests

3. Superannuation: Division of retirement accounts and pension schemes - include when significant retirement assets exist

4. Future Income: Provisions regarding future income streams or royalties - include when ongoing income sources need to be addressed

5. Pets: Arrangements for care and custody of pets - include when parties have shared pets

6. Debt Management: Specific provisions for handling joint debts - include when significant shared debts exist

7. Spousal Maintenance: Provisions for ongoing financial support - include when relevant to parties' circumstances

8. Confidentiality: Provisions regarding privacy and non-disclosure - include when privacy is a concern

9. Dispute Resolution: Process for resolving future disputes - include when parties want specific dispute resolution mechanisms

Suggested Schedules

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

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

3. Schedule C - Division Allocation: Detailed breakdown of which party receives which assets/liabilities

4. Schedule D - Implementation Timeline: Specific dates and deadlines for property transfers and payments

5. Schedule E - Outstanding Liabilities: List of joint debts and responsibilities for payment

6. Appendix 1 - Property Valuations: Professional valuations of significant assets

7. Appendix 2 - Legal Certificates: Certificates of independent legal advice

8. Appendix 3 - Financial Statements: Relevant financial statements for businesses or complex assets

Authors

Alex Denne

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

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Relevant Industries

Legal Services

Financial Services

Real Estate

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Banking

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Relevant Teams

Legal

Family Law

Property Law

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Document Processing

Compliance

Advisory Services

Client Relations

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Risk Management

Relevant Roles

Family Lawyer

Legal Executive

Relationship Property Specialist

Mediator

Financial Advisor

Property Valuer

Estate Planning Attorney

Legal Support Officer

Settlement Officer

Compliance Officer

Family Court Liaison

Legal Document Specialist

Property Law Specialist

Family Dispute Resolution Practitioner

Industries






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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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