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Separation agreements in New Zealand Last updated: January 2 min read Introduction This article will beuseful reading if you are considering divorce or separation or have decided to go ahead with a divorce or separation.
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.
There is also free counselling whether you are married, in a civil union, or in a de facto relationship. 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. If the agreement deals with property issues, there are procedural requirements that the deed must satisfy in order to be legally valid; If the agreement deals with arrangements for children, the agreement does over ride legal decisions made later in the court.
In making decisions about child care arrangements, the court will be concerned only with what is in the best interests of the children.
What to include Strictly speaking a separation agreement is simply an agreement o live apart, however, they often include other aspects such as: The maintenance of one spouse or partner by the other arrangements for day-to-day care of or contact with children of the relationship; Finances ; How personal property is to be divided.
To be valid the agreement must: Be in writing; Signed by both parties; Have been made following independent legal advice; Have been signed and witnessed by a solicitor, who must certify that the effect and implications of the agreement were explained to the signing party.
Separation Agreement Please note that the information provided on this page: Does not provide a complete or authoritative statement of the law; Does not constitute legal advice by Net Lawman; Does not create a contractual relationship; Does not form part of any other advice, whether paid or free.
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