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A Separation Agreement is a legally binding contract between married couples or civil union partners who have decided to live apart but aren't ready for divorce. It spells out how you'll handle important matters like property division, childcare arrangements, and financial support during your separation period.

Under NZ Family Law, this agreement helps protect both parties' rights and creates clear expectations while living separately. Once signed and properly witnessed, it becomes enforceable through the Family Court - though you can still modify it later through mutual consent. Many Kiwi couples use these agreements as a stepping stone before making permanent decisions about their relationship.

Consider a Separation Agreement when you and your partner decide to live apart but aren't ready for divorce. This document becomes essential during trial separations, when you need to establish clear arrangements for children, property, or finances while living separately.

The agreement proves particularly valuable when dealing with shared assets, ongoing mortgage payments, or childcare schedules. Getting it in place early helps prevent misunderstandings and protects both parties' interests under NZ Family Law. Many couples use it to test separation arrangements before making permanent decisions, or when they need formal documentation for banks, schools, or other institutions.

• Trial Separation Agreement: For couples testing temporary separation with basic terms and a defined timeframe
• Separation and Property Settlement Agreement: Focuses on dividing assets, debts, and property arrangements in detail
• Joint Separation Agreement: For mutually agreed terms covering all aspects of separation, including children and finances
• Legal Separation Contract: A comprehensive agreement for long-term separation without divorce
• Business Separation Agreement: Specifically addresses separation impacts on shared business interests

• Separating Partners: The primary parties who negotiate and sign the agreement, including married couples or civil union partners
• Family Lawyers: Draft and review agreements, ensure legal compliance, and advise clients on their rights and obligations
• Mediators: Help couples negotiate terms and reach mutual agreements before formal documentation
• Family Court Judges: May review and enforce agreements if disputes arise or modifications are needed
• Financial Advisors: Assist with property division, pension arrangements, and financial planning during separation
• Children's Advocates: Sometimes involved to ensure children's interests are properly represented in custody arrangements

• Personal Details: Gather full legal names, contact information, and marriage/civil union details for both parties
• Asset Inventory: List all shared and individual property, including homes, vehicles, investments, and significant personal items
• Financial Records: Collect bank statements, mortgage details, debt information, and income documentation
• Children's Information: Note ages, school arrangements, and current care patterns if applicable
• Living Arrangements: Document planned separate living locations and moving timeline
• Support Details: Calculate proposed spousal maintenance or child support arrangements
• Draft Review: Use our platform to generate a legally compliant agreement, then have both parties review thoroughly

• Identification Section: Full legal names, addresses, and relationship status of both parties
• Separation Declaration: Clear statement of intent to live apart and date of separation
• Property Division: Detailed arrangements for sharing or dividing relationship property and debts
• Child Arrangements: Care schedules, decision-making rights, and financial support for children
• Financial Terms: Spousal maintenance details, shared expenses, and ongoing financial obligations
• Future Dealings: How future disputes or changes will be handled
• Execution Requirements: Signature blocks, witness details, and certification by lawyers if needed
• Legal Compliance: References to relevant NZ Family Law provisions and jurisdiction clause

A Separation Agreement differs significantly from an Asset Purchase Agreement in both purpose and scope, though they're sometimes confused when separating couples need to handle property division.

• Legal Status: Separation Agreements focus on relationship dissolution and living arrangements, while Asset Purchase Agreements strictly deal with transferring ownership of specific assets
• Scope of Coverage: Separation Agreements cover multiple aspects including children, support payments, and property division. Asset Purchase Agreements only address the sale terms of specific assets
• Duration: Separation Agreements create ongoing obligations between parties, while Asset Purchase Agreements typically conclude once the transfer is complete
• Modification Rules: Separation Agreements can be modified as circumstances change, particularly regarding child arrangements. Asset Purchase Agreements are usually final once executed
• Required Parties: Separation Agreements must involve domestic partners, while Asset Purchase Agreements can be between any buying and selling parties