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 Matrimonial agreements

This range of New Zealand Matrimonial Agreements deal with cohabitation, prenuptial & separation agreements.

The property of married, civil union and de facto couples (including same-sex couples) who have lived together for at least three years is divided (if there is a dispute) according to 'equal-sharing rules' under the Property (Relationships) Act.

The Property (relationships) Act consists of a single set of laws that, with some exceptions, applies in the same way to married, civil union and de facto couples and also to when one of the spouses or partners dies.

If there is no dispute and a couple wishes to separate, then you may enter into a Separation Agreement. If you've entered into a valid Property Agreement (or Living Together Agreement), the relationship property will be divided according to the terms of that agreement and not by the Property (Relationships) Act - this is referred to as "contracting out" of the Act. However, the agreement must be made according to strict requirements, including each party receiving independent legal advice. The other option is a Pre-nuptial Agreement which essentially is again "contracting out" of the Act.

The below documents allow you to manage your own legal matters in a cost effective manner. Guideline & notes are provided. 




Separation agreement

39.00  

A Separation Agreement suitable for a New Zealand couple.

If you and/or your partner (married, in a civil partnership, separated or just living together) decide to separate, you can enter into a separation agreement. Married couples or civil union partners may also decide to apply for a separation order from the Family Court.

A separation agreement is a legally enforceable contract, except that

-to the extent that the agreement deals with relationship property issues, there are procedural requirements it must satisfy in order to be legally valid.

- to the extent that it deals with care arrangements for children, the agreement does not give legal rights that could be enforced in the courts. In making decisions about care arrangements, the court will be concerned only with what is in the best interests of the children. 

This Separation agreement allows you to manage your own legal matters in a cost effective manner. Guideline & notes are provided. Also see the HowTo article 'How to enter into a formal separation agreement'.

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Pre-nuptial agreement

39.00  

A Pre-nuptial Agreement suitable for a New Zealand couple.

The property rights of both married and de facto couples (including same-sex couples) who have lived together for three years have been governed by the same equal-sharing rules in the Property (Relationship) Act.

Couples have the option of either making their own property agreement (referred to as 'contracting out' of the Act), in which case their property will be divided in ways that they specify in the agreement, or to not make any agreement of their own, in which case they will automatically be covered by the equal-sharing rules in the Act.

A couple who decides to contract out of the Act will need to follow some special procedural rules (including each person getting independent legal advice) in order for the agreement to be valid.

This Pre-nuptial Agreement (agreement to 'contract out' of the Property Relationships Act) allows you to take control and reach an agreement with your partner regarding the division of wealth between youselves. It allows you to manage your own legal matters in a cost effective manner. Guideline & notes are provided. Also see the HowTo article 'How to enter into a property agreement'.

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Cohabitation (Property) agreement

59.00  

A Property Agreement suitable for a New Zealand couple.

The property rights of both married and de facto couples (including same-sex couples) who have lived together for three years have been governed by the same equal-sharing rules in the Property (Relationship) Act.

Couples living together have the option of either making their own property agreement (referred to as "contracting out" of the Act) in which case their property will be divided in ways that they specify in the agreement, or to not make any agreement of their own, in which case they will automatically be covered by the equal-sharing rules in the Act.

Married, de facto and civil union couples who have lived together for less than three years are usually not covered by the equal-sharing rules. They too may wish to make their own property agreements to avoid uncertainty.

This Property Agreement (or Cohabitation Agreement) is intended to minimise the legal expenses of couples who wish to contract out of the Property (Relationship) Act. Guidelines & notes are provided. Also see the HowTo article 'How to enter into a property agreement'.

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Deed of assignment: life or endowment policy on divorce

19.00  

This deed of assignment transfers the rights to a New Zealand insurance policy or endowment policy to your former spouse or partner.

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