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Cohabitation Separation Agreement

Cohabitation Separation Agreement Template for New Zealand

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Key Requirements PROMPT example:

Cohabitation Separation Agreement

"I need a Cohabitation Separation Agreement for a clean break separation effective March 1, 2025, with equal division of our shared home and savings, but keeping our separate property and investments distinct - no children or businesses involved."

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Document background
This document serves as a formal legal agreement used when de facto couples in New Zealand decide to end their relationship and need to document the terms of their separation. A Cohabitation Separation Agreement becomes particularly important when couples have shared assets, financial commitments, or have lived together for three or more years, triggering rights under the Property (Relationships) Act 1976. The agreement covers essential aspects such as property division, financial arrangements, and personal matters, providing clarity and legal certainty for both parties. It's designed to comply with New Zealand legal requirements and can help avoid future disputes by clearly documenting the agreed terms of separation. The document is especially relevant for couples seeking to arrange their separation without court intervention, though it should be prepared with proper legal advice to ensure enforceability.
Suggested Sections

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

2. Background: Brief history of the relationship, including cohabitation dates and reason for separation

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

4. Separation Declaration: Formal declaration of separation and intended permanent separation

5. Division of Relationship Property: Comprehensive arrangements for division of property acquired during the relationship

6. Financial Arrangements: Details of financial settlements, including bank accounts, debts, and ongoing financial obligations

7. Personal Effects: Division of personal items and household contents

8. Motor Vehicles: Arrangements regarding ownership and transfer of any motor vehicles

9. Release and Indemnity: Mutual release of future claims and indemnification provisions

10. Confidentiality: Terms regarding privacy and confidentiality of the agreement and relationship matters

11. Dispute Resolution: Process for resolving any future disputes regarding the agreement

12. General Provisions: Standard legal provisions including governing law, entire agreement, and amendments

13. Execution: Signing provisions and attestation requirements

Optional Sections

1. Children Arrangements: Used when the couple has children, detailing custody, access, and support arrangements

2. Pets and Animals: Used when there are pets to address ownership, care arrangements, and associated costs

3. Business Interests: Used when the parties have shared business interests requiring separation

4. Intellectual Property: Used when there is joint intellectual property to be divided

5. Future Property Sales: Used when certain property will be sold in the future with proceeds to be divided

6. Ongoing Cohabitation: Used when parties will continue to share residence for a defined period post-separation

7. Insurance Policies: Used when there are joint insurance policies requiring attention

8. Superannuation: Used when there are retirement accounts or pension arrangements to be divided

9. Cultural Considerations: Used when specific cultural assets or practices need to be addressed

Suggested Schedules

1. Schedule A - Relationship Property: Detailed inventory of all relationship property with agreed values

2. Schedule B - Separate Property: List of agreed separate property retained by each party

3. Schedule C - Personal Effects Distribution: Detailed list of personal items and their agreed distribution

4. Schedule D - Outstanding Debts: List of all joint debts and agreed responsibility for each

5. Schedule E - Financial Accounts: Details of all financial accounts and their agreed division

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

7. Appendix 2 - Legal Advice Certificates: Certificates confirming independent legal advice received by each party

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Cohabitation Property Agreement

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