The Family Arrangement Agreement is a vital legal instrument used in New Zealand to document and formalize arrangements between family members. This document is particularly useful when families need to establish clear terms regarding property sharing, care responsibilities, financial contributions, or family business arrangements. The agreement draws its legal foundation from various New Zealand statutes, including the Property Law Act 2007 and the Property (Relationships) Act 1976, ensuring its enforceability within the jurisdiction. Family Arrangement Agreements are commonly utilized during estate planning, when setting up care arrangements for elderly family members, establishing shared living arrangements, or documenting agreements about family property or business interests. The document provides clarity, reduces potential conflicts, and creates a legally binding framework for family arrangements.
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1. Parties: Identifies and defines all family members who are party to the agreement
2. Background: Sets out the context and circumstances leading to the agreement, including family relationships and current situation
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Purpose and Objectives: States the intended goals and outcomes of the family arrangement
5. Duration and Review: Specifies how long the arrangement will last and when it will be reviewed
6. Financial Arrangements: Details any financial commitments, contributions, or distributions between family members
7. Property Arrangements: Outlines any property-related agreements, including usage, maintenance, and ownership
8. Obligations and Responsibilities: Lists the specific duties and responsibilities of each party
9. Decision Making: Establishes how decisions affecting the arrangement will be made
10. Dispute Resolution: Describes the process for resolving any disagreements
11. Variation and Termination: Specifies how the agreement can be changed or ended
12. General Provisions: Contains standard legal clauses including governing law, entire agreement, and severability
1. Care Arrangements: Include when the agreement involves care responsibilities for children or elderly family members
2. Living Arrangements: Include when the agreement involves shared living or accommodation arrangements
3. Business Interests: Include when family business interests are part of the arrangement
4. Estate Planning Provisions: Include when the arrangement involves future inheritance or estate planning
5. Confidentiality: Include when privacy of family matters needs to be explicitly protected
6. Insurance Requirements: Include when specific insurance coverage is required as part of the arrangement
7. Cultural Considerations: Include when specific cultural practices or obligations need to be acknowledged and respected
8. Third Party Rights: Include when the arrangement affects or involves rights of family members not party to the agreement
1. Schedule 1 - Asset Register: Detailed list of assets covered by the arrangement
2. Schedule 2 - Financial Contributions: Breakdown of financial commitments and payment schedules
3. Schedule 3 - Property Details: Specific details of any properties involved in the arrangement
4. Schedule 4 - Care Schedule: Detailed arrangements for care responsibilities if applicable
5. Schedule 5 - Contact Details: Contact information for all parties and relevant third parties
6. Appendix A - Family Tree: Visual representation of family relationships relevant to the agreement
7. Appendix B - Supporting Documents: Copies of relevant certificates, titles, or other supporting documentation
8. Appendix C - Independent Legal Advice Certificates: Certificates confirming each party received independent legal advice
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Relevant Teams
Legal
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Wealth Management
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Relevant Roles
Family Lawyer
Estate Planning Attorney
Legal Counsel
Property Lawyer
Wealth Manager
Financial Advisor
Trust Manager
Family Office Manager
Private Client Advisor
Social Worker
Elder Care Coordinator
Family Mediator
Professional Trustee
Property Manager
Family Business Consultant
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