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Divorce Property Settlement Agreement Template for New Zealand

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Key Requirements PROMPT example:

Divorce Property Settlement Agreement

"I need a Divorce Property Settlement Agreement for a couple separating after 15 years of marriage, with the division of a family home, two vehicles, and joint bank accounts, to be implemented by March 2025."

Document background
The Divorce Property Settlement Agreement is a crucial legal document used in New Zealand when married or de facto partners separate and need to formalize the division of their relationship property. It is prepared in accordance with the Property (Relationships) Act 1976 and must be certified by independent lawyers to be legally binding. This agreement is typically prepared after separation but before or concurrent with divorce proceedings, documenting the complete division of assets and liabilities accumulated during the relationship. It covers all aspects of property division, including real estate, financial assets, personal property, businesses, and debts. The agreement serves as a full and final settlement of property matters between the parties, preventing future claims except in limited circumstances specified by New Zealand law. It's essential for providing certainty and finality to both parties and is often required by third parties such as banks and land registries to implement the agreed property transfers.
Suggested Sections

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

2. Background: Information about the marriage/relationship, date of separation, and context for the agreement

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

4. Acknowledgments: Parties' acknowledgments regarding independent legal advice, full disclosure, and voluntary entry into the agreement

5. Division of Relationship Property: General principles and approach to property division

6. Family Home: Arrangements regarding the family home, including sale or transfer

7. Bank Accounts and Cash: Division of monetary assets and joint accounts

8. Vehicles and Personal Property: Distribution of vehicles and personal effects

9. Superannuation and Investments: Division of retirement accounts and investment portfolios

10. Debts and Liabilities: Allocation of joint debts and individual liabilities

11. Implementation: Timeframes and processes for implementing the agreement

12. Full and Final Settlement: Confirmation that this agreement represents a full and final settlement

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

14. Execution: Signing requirements and witness details

Optional Sections

1. Children's Matters: Include when there are children of the relationship, addressing any property aspects related to children's care

2. Business Interests: Include when either party owns business interests that need to be divided or addressed

3. Trust Property: Include when there are trust assets that need to be considered or divided

4. Overseas Assets: Include when parties have assets located outside New Zealand

5. Spousal Maintenance: Include when ongoing maintenance payments are part of the settlement

6. Pets: Include when arrangements for family pets need to be addressed

7. Future Property: Include when addressing potential future assets or inheritances

8. Tax Provisions: Include when there are significant tax implications in the property division

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 Summary: Summary table showing final division of assets and liabilities

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

5. Schedule E - Outstanding Liabilities: List of all debts and liabilities with allocation between parties

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

7. Appendix 2 - Financial Disclosure: Parties' financial statements and disclosures

8. Appendix 3 - Transfer Documents: Forms and documents required for property transfers

Authors

Alex Denne

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

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Legal Services

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Family Law

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Family Lawyer

Legal Partner

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Property Lawyer

Conveyancing Lawyer

Financial Advisor

Divorce Mediator

Property Valuer

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