Legal proceedings are inevitably fierce. There are many more chances to keep your future relationship friendly (and agree on a separation that is suitable for both parties, keep mutual friends, and facilitate access to the children) if you can work out the details of the separation together before you reach court. An act of separation can make the divorce process easier, faster and less stressful, as many difficult things have already been agreed. In strict terms, a separation agreement is simply a separation agreement, but it often has other aspects such as: the best way to protect property acquired before the start of a relationship is an agreement that records how ownership should be shared in the event of separation. This is called the contracting out agreement. Trusts are also often used, but recent court proceedings in New Zealand indicate that the use of trusts may not be as safe as expected. It is best to conclude a decontracting out agreement at the beginning of the relationship, but can be concluded at any time before their separation between the spouses. The process is usually easy to follow and you usually don`t need legal support, as all the information on the family court website is publicly available – see www.justice.govt.nz/family/separation-divorce/apply-for-a-divorce/. There is an identical presumption of division for all property acquired during the marriage.
There are many exceptions to this presumption, but courts generally strive to do so, unless there are exceptional circumstances that justify anything else. You and your partner can agree to a division of the property. For this agreement to be final and binding, it is best to note it in writing and have it signed by you after receiving independent legal advice on the implications and effects of the agreement. If you can`t agree on the distribution of your property, you can file an application for an injunction in your local family court. As a rule, you need a lawyer, as the trial can be complicated. A separation agreement is a written record of what you have agreed between you. After signing the document, it is more difficult for a person to say that he or she did not agree with something. In general, all family items (such as jewelry, furniture, etc.) remain separate property. If you put an estate of money in a joint bank account, you risk turning these assets into relational property and it may therefore be necessary to share these assets with your partner in the event of separation.
A contracting-out agreement is often used to ensure that in the event of separation, estates are maintained as separate ownership. If your relationship has already somehow reached the family court – for example, if you have applied for an education order for daily custody of the children – the court will encourage you and your spouse or partner to participate in a consultation to try to reach an agreement on important issues. It goes without saying that the decisions taken can be formalized in a separation agreement. Not without your written consent or unless the distance relates to an emergency. The family court may issue orders that give the other party furniture for the equipment of another household. It is preferable, if at all possible, to reach agreement on this quality. This separation agreement offers both parties a certain degree of protection and security in an otherwise very uncertain period. The deal is simple and easy to make. The agreement will also provide good evidence of the existence of a separation for the purposes of an application for dissolution of the marriage or partnership (see How to obtain the dissolution of the marriage or life partnership).
You only need a separation order if one of you doesn`t want to separate, even though you can choose to join you, if you both agree. For married couples, a separation agreement like this (sometimes called a separation act) offers certainty as to how each person will live while a divorce is settled.. . .