Please have all relevant information together before beginning. We suggest that before you sit down to complete your agreement, you make sure you have details of all the property you want to cover off in the agreement. If that includes:
a) bank accounts, have the account numbers and balances;
b) properties, have the addresses and values of those properties to hand, as well as your latest mortgage statements;
c) cars, make sure you know the registration numbers;
d) shares, make sure you know how many shares there are, what companies they are in, and what their approximate value is.
You can still complete the agreement without this information, but in our experience, the process is simpler and faster if you have this information ready before you start.
Accurate information is essential!
Don’t sign it yet!
The next stage is certification. The independent lawyers Agreeable arranges, certify that they have explained the effect and implications of the agreement to you. They witness your signature of it. Once that is done, the agreement is sent to your partner’s lawyer to do the same.
Only one of you needs to live in New Zealand for the agreement to be binding. The jurisdiction of the Property Relationships Act 1976 relates to all property in New Zealand and “moveable” property anywhere in the world (ie not land). You can agree to divide all such property in your separation agreement and it should be enforceable by New Zealand Courts.
Yes but we advise against doing that without any legal advice. The law requires:
- The agreement must be in writing and signed by both parties;
- Each party must have independent legal advice before signing the agreement; and
- The signature must be witnessed by that lawyer, with the lawyer certifying that he or she has explained the effect and implications of the agreement before it was signed.
In order to use our certification service online, we prefer that our agreements are used as a precedent. This is because our lawyers know and endorse our agreements. They have been considered and adapted many times. Third parties such as banks and other law firms have reviewed them.
If you are unsure about whether this agreement fits your situation, please contact one of Agreeable’s staff or enquire through our online form.