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Unmarried Separation Agreement

Unmarried Separation Agreement Template for New Zealand

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Key Requirements PROMPT example:

Unmarried Separation Agreement

"I need an Unmarried Separation Agreement for a clean break separation effective March 1, 2025, with equal division of our shared apartment and joint savings account, but keeping our individual retirement accounts as separate property."

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Document background
The Unmarried Separation Agreement is a crucial legal document used in New Zealand when de facto partners decide to end their relationship and need to formalize their separation arrangements. It becomes particularly relevant when partners have shared assets, debts, or other intertwined financial interests that need to be clearly divided. The agreement is governed by the Property (Relationships) Act 1976 and other relevant New Zealand legislation, providing a framework for partners to document their agreed terms of separation, including property division, financial arrangements, and any ongoing obligations. This document is essential for protecting both parties' interests and can help avoid future disputes by clearly documenting all agreed terms. While not mandatory, having an Unmarried Separation Agreement is highly recommended for de facto partners ending their relationship, especially when significant assets or complex arrangements are involved.
Suggested Sections

1. Parties: Identification and details of both separating partners

2. Background: Brief history of the relationship, including start date, separation date, and acknowledgment of de facto status

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

4. Acknowledgments: Parties' confirmation of understanding their rights, receipt of independent legal advice, and voluntary entry into agreement

5. Separation Declaration: Formal declaration that the relationship has ended and parties intend to live separately

6. Division of Relationship Property: General principles and overview of how property will be divided

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

8. Mutual Release: Parties' agreement to release each other from future claims

9. Confidentiality: Terms regarding privacy and confidentiality of the agreement and relationship details

10. Dispute Resolution: Process for resolving any future disputes regarding the agreement

11. General Provisions: Including governing law, entire agreement clause, and amendment procedures

Optional Sections

1. Children's Arrangements: Used when there are children of the relationship, covering custody, access, and support arrangements

2. Pets and Animals: Used when there are pets to be divided or care arrangements to be made

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

4. Future Property Division: Used when certain property cannot be immediately divided or requires future action

5. Domestic Matters: Used to address specific household arrangements during transition period

6. Support and Maintenance: Used when ongoing financial support between partners is agreed

7. Insurance and Medical: Used when there are shared insurance policies or medical arrangements to be addressed

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

9. Cultural Considerations: Used when specific cultural practices or properties need to be addressed

Suggested Schedules

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

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

3. Schedule C - Debts and Liabilities: Comprehensive list of joint debts and agreed responsibility for each

4. Schedule D - Implementation Timeline: Timeline for implementing various aspects of the agreement

5. Schedule E - Personal Effects Division: Detailed list of personal items and their agreed distribution

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

7. Appendix 2 - Financial Statements: Relevant financial statements or summaries

8. Appendix 3 - Legal Advice Certificates: Certificates from each party's legal advisor confirming independent advice

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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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