Separation agreements in New Zealand
Separation agreements in New Zealand
This article will beuseful reading if you are considering divorce or separation or have decided to g
Web Address: http://www.netlawman.co.nz/separation-agreement
This article will beuseful reading if you are considering divorce or separation or have decided to g
Web Address: http://www.netlawman.co.nz/separation-agreement
| A separation agreement consolidates all your arrangements into one legal document. Once signed, neither part can go back on their word without consequences. A deed of separation therefore gives you security financially and psychologically. | |
| Counselling through the Family Court | |
| If you intend to separate, there is free, confidential counselling through the Family Court of New Zealand. Simply contact the Family Court Co-ordinator at your nearest Family Court. There is also free counselling whether you are married, in a civil union, or in a de facto relationship. | |
| If your relationship has already come before the Family Court in some way – for example, if you’ve applied for a parenting order for day-to-day care of the children – the court will encourage you and your spouse or partner to attend counselling to attempt to reach some agreement on important issues. Of course, decisions reached can be formalised in a separation agreement. | |
| Is the agreement legally binding? | |
| A separation agreement is a legally enforceable contract. However, there are two arrangements that over-ride it. | |
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| What to include | |
| Strictly speaking a separation agreement is simply an agreement o live apart, however, they often include other aspects such as: | |
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| Requirements for separation agreements dealing with personal property | |
| If the valid agreement deals with the division of ‘relationship’ property (real estate), it will override the provisions of the Property (Relationships) Act 1976. To be valid the agreement must: | |
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| Click to buy: Separation Agreements |
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