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Separation Agreement Template
A separation agreement records the decision to live apart and the agreed arrangements for property, children, and support. Use our free New Zealand template to document your agreement consistently with the Property (Relationships) Act 1976, Care of Children Act 2004, and Family Proceedings Act 1980.
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SEPARATION AGREEMENT
Property (Relationships) Act 1976 — De Facto / Marital Separation
IMPORTANT — INDEPENDENT LEGAL ADVICE REQUIRED (PRA 1976, s 21F): Under the Property (Relationships) Act 1976 (PRA 1976, s 21F), a separation or contracting-out agreement may be set aside by a court if either party did not receive independent legal advice before signing. Each party MUST obtain independent legal advice from a separate solicitor before signing this agreement. This document is a starting-point only and is NOT a substitute for legal advice. Without independent legal advice, this agreement may be unenforceable.
PARTY 1
Aroha M. Parata
15 Oriental Parade, Wellington 6011
By: Solicitor: James K. Chen, Chen Family Law, Wellington
PARTY 2
Daniel R. Parata
88 Aro Street, Aro Valley, Wellington 6021
By: Solicitor: Sarah T. Williams, Wellington Family Law Ltd.
Executed: 15 April 2026
Separation Date: 31 January 2026
This Separation Agreement ("Agreement") is entered into as of 15 April 2026 by and between Aroha M. Parata ("Party 1") and Daniel R. Parata ("Party 2") (together the "Parties"). The Parties were in a de facto relationship commencing approximately 1 February 2021 and separated on 31 January 2026. This Agreement is made under the Property (Relationships) Act 1976 (PRA 1976) and the Family Proceedings Act 1980. Each Party has been strongly encouraged to obtain independent legal advice from a separate solicitor before executing this Agreement.
1.
BACKGROUND
The Parties entered into a de facto relationship commencing on or about 1 February 2021. The Parties separated on 31 January 2026. There are no children of the relationship. This Agreement sets out the agreed terms for the division of relationship property and resolution of financial matters arising from the separation.
2.
APPLICATION OF THE PROPERTY (RELATIONSHIPS) ACT 1976
The Parties acknowledge that, subject to any court order to the contrary: (a) this Agreement is entered into under the Property (Relationships) Act 1976 (PRA 1976), which provides for the equal sharing of relationship property for qualifying relationships of three years or more; (b) each Party has been advised of the effect of the PRA 1976 and the right to equality of sharing; (c) the Parties' relationship is or may be a qualifying relationship for the purposes of PRA 1976; and (d) the Parties intend this Agreement to constitute a binding agreement contracting out of (or giving effect to) the default PRA provisions as set out herein. IMPORTANT: Each Party confirms they have had the opportunity to obtain independent legal advice, and the signature of each Party constitutes acknowledgement of this obligation.
3.
FAMILY HOME
The family home at 15 Oriental Parade, Wellington 6011 (the "Family Home"), estimated value approximately $850,000.00 NZD, shall be sold on the open market, with the net proceeds divided equally between the Parties after repayment of any mortgage and reasonable selling costs. Any mortgage or encumbrance secured over the Family Home shall be addressed as part of the agreed disposition. The Party retaining the Family Home (if applicable) shall take all reasonable steps to have the other Party released from any joint mortgage or lending obligation within a reasonable time, and shall indemnify the other Party against any claims arising from the mortgage from the date of this Agreement.
4.
JOINT DEBTS AND LIABILITIES
The Parties agree that joint debts and liabilities shall be dealt with as follows: Joint mortgage with ANZ Bank (account ending 4521) to be repaid from proceeds of sale of the Family Home. Each Party shall be responsible for their own individual debts and liabilities incurred solely in their own name from the date of separation. Where joint debts cannot be immediately separated, the Parties agree to cooperate in notifying relevant creditors of the separation and taking steps to establish individual liability for their respective shares.
5.
VEHICLES
The Parties agree that vehicles shall be divided as follows: Aroha retains the 2022 Mazda CX-5 (registered in her name); Daniel retains the 2019 Toyota Hilux (registered in his name). The Party taking ownership of each vehicle shall be responsible for any finance or liability secured over that vehicle and shall indemnify the other Party accordingly.
6.
PERSONAL PROPERTY AND CHATTELS
The Parties agree to divide personal property, furniture, household chattels, and other moveable property by mutual agreement. Items of significant value that cannot be agreed shall be valued by an independent valuer (costs shared equally) and allocated by agreement or by the Family Court if required. Each Party shall retain property received as a personal gift or by inheritance, which the Parties acknowledge may be separate property under PRA 1976, s 9.
7.
BANK ACCOUNTS AND FINANCIAL ACCOUNTS
From the date of separation: (a) any joint bank accounts shall be closed or converted to sole accounts as soon as reasonably practicable; (b) each Party shall be entitled to retain the balance of any bank account in their sole name as at the date of separation; (c) joint accounts shall be dealt with as agreed between the Parties, failing which either Party may apply to the court; (d) neither Party shall deplete or dissipate joint account funds beyond ordinary living expenses after the date of separation without the other's consent.
8.
FULL AND FINAL SETTLEMENT
Subject to the express terms of this Agreement, the Parties agree that this Agreement constitutes a full and final settlement of all claims each has against the other in respect of relationship property under the Property (Relationships) Act 1976, and each Party releases the other from all such claims. Each Party acknowledges that they have read this Agreement, understand its terms, and have had the opportunity to seek independent legal advice. Each Party signs this Agreement freely and voluntarily.
9.
CHILD SUPPORT, WILLS AND FUTURE CLAIMS
Child support. Where there are children of the relationship, the Parties acknowledge that the Child Support Act 1991 applies; child support assessments by Inland Revenue (Child Support) cannot be excluded by private agreement, although the Parties may enter into a voluntary agreement under Part 3 of the Child Support Act 1991 for amounts in addition to or in substitution of the statutory assessment formula. Wills and Family Protection Act 1955. Each Party acknowledges that, despite the property division in this Agreement, the surviving spouse, de-facto partner or child of the other may still be eligible to claim against the estate of a deceased Party under the Family Protection Act 1955 or the Law Reform (Testamentary Promises) Act 1949. The Parties are advised to review and, if appropriate, update their respective wills following this separation, and to consider whether an express waiver of Family Protection Act claims is desired in any updated will. Maintenance. Spousal/partner maintenance after separation is governed by the Family Proceedings Act 1980; an order may be sought from the Family Court where one Party is unable to support themselves adequately due to factors attributable to the relationship.
10.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of New Zealand, including the Property (Relationships) Act 1976 (PRA 1976), the Family Proceedings Act 1980, the Child Support Act 1991 (where relevant), the Family Protection Act 1955, and the Contract and Commercial Law Act 2017 (CCLA 2017). Any dispute arising under this Agreement shall be subject to the jurisdiction of the Family Court of New Zealand sitting at Wellington, or such other court as has jurisdiction.
11.
INDEPENDENT LEGAL ADVICE ACKNOWLEDGEMENT
Each Party acknowledges and confirms: (a) they have been advised that they have the right to seek independent legal advice before signing this Agreement; (b) they have had the opportunity to obtain and consider independent legal advice; (c) they understand the effect and consequences of this Agreement on their property rights under the PRA 1976; and (d) they sign this Agreement freely, voluntarily, and without duress. Under PRA 1976, s 21F, a court may set aside this Agreement if either Party did not receive independent legal advice. This Agreement should each be certified by the parties' respective solicitors.
12.
GENERAL PROVISIONS
Entire Agreement: This Agreement constitutes the entire agreement of the Parties regarding the division of relationship property and supersedes all prior negotiations and representations. Amendment: Amendments must be in writing and signed by both Parties. Severability: If any provision is unenforceable, the remaining provisions continue in full force. Costs: Each Party shall bear their own legal costs in connection with this Agreement unless otherwise agreed. Counterparts: This Agreement may be executed in counterparts, including electronically, each of which shall be deemed an original.
13.
KIWISAVER AND SUPERANNUATION
The Parties agree that KiwiSaver and superannuation entitlements shall be dealt with as follows: Each Party retains their own KiwiSaver account; no KiwiSaver splitting order required given equal contributions during the relationship. The Parties acknowledge that KiwiSaver is relationship property under PRA 1976 and is subject to equal sharing for qualifying relationships. Transfers between KiwiSaver schemes must be made in accordance with the KiwiSaver Act 2006 and require the consent of the relevant KiwiSaver provider. Each Party shall cooperate in completing all necessary forms and documentation to give effect to any agreed KiwiSaver division.
14.
TAX IMPLICATIONS
The Parties acknowledge that certain transfers of property under this Agreement may have tax implications, including potential obligations under the Income Tax Act 2007 (ITA 2007) and the Bright-line property rule (ITA 2007, subpart CB). Each Party is solely responsible for obtaining independent tax advice from a qualified tax adviser or from Inland Revenue (IR) regarding any tax obligations arising from this Agreement. Neither Party makes any representation to the other regarding the tax treatment of any transfer or payment under this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
PARTY 1
Aroha M. Parata
Date: ____________________
PARTY 2
Daniel R. Parata
Date: ____________________
SOLICITOR CERTIFICATES (PRA 1976, s 21F): The following certificates by the parties' respective solicitors are strongly recommended and may be required for enforceability. Without such certificates, this Agreement may be set aside by a court under PRA 1976.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
PARTY 1'S SOLICITOR
James K. Chen, Chen Family Law, Wellington
Barrister and Solicitor
Date: ____________________
PARTY 2'S SOLICITOR
Sarah T. Williams, Wellington Family Law Ltd.
Barrister and Solicitor
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Separation Agreement?
A separation agreement is a written contract between partners who have decided to end their relationship. It records the date of separation and sets out the practical arrangements: how relationship property will be divided, how any children will be cared for, and whether any financial support will be paid between the partners. It can be used by married couples, civil union partners, and de facto partners.
In New Zealand, relationship property is governed primarily by the Property (Relationships) Act 1976, which applies to marriages, civil unions, and de facto relationships of three years or more (or shorter where there is a child or a significant contribution). The starting position is equal sharing of relationship property, but the parties can agree a different division by contracting out under section 21 — a process that requires independent legal advice and a lawyer’s certificate.
A separation agreement is less formal than a section 21 contracting-out agreement but is still an important document. For the financial arrangements to be legally binding and to bar future claims, the agreement should meet the section 21 requirements: in writing, signed by both parties, each party separately advised by a lawyer, and the lawyer certifies the advice. For children, any agreement should reflect the welfare and best interests principle of the Care of Children Act 2004.
What's Covered in This Template
Our separation agreement template covers the financial, parenting, and practical arrangements typically needed at separation.
Parties and Relationship Details
Names, dates of birth, type of relationship (marriage, civil union, de facto), and date of separation.
Children of the Relationship
Names and dates of birth of any children and confirmation of ongoing guardianship under the Care of Children Act 2004.
Day-to-Day Care and Contact
Residence, contact schedule, and how major decisions for the children will be made.
Child Support
Reference to any private arrangement or formula assessment under the Child Support Act 1991.
Relationship Property Division
Division of home, vehicles, bank accounts, KiwiSaver, investments, and household contents.
Debts and Liabilities
Allocation of joint and individual debts, including mortgages, credit cards, and loans.
Superannuation and KiwiSaver
Division of KiwiSaver balances and any employer or defined-benefit schemes.
Spousal or Partner Maintenance
Any agreed maintenance payments under the Family Proceedings Act 1980.
The Family Home
Whether it will be sold, transferred to one party, or remain jointly owned for a period.
Section 21 Contracting-Out (Optional)
Option to structure the financial provisions as a formal contracting-out agreement with lawyer certification.
Dispute Resolution
Agreement to attempt mediation or Family Dispute Resolution before any court application.
Full and Final Settlement
Confirmation that the agreement settles all financial claims between the parties.
How to Create a Separation Agreement
Complete the steps below to produce a comprehensive separation agreement.
- 1
Enter Personal and Relationship Details
Provide both parties’ names, dates of birth, the type and length of the relationship, and the date of separation.
- 2
Agree Parenting Arrangements
Set out day-to-day care, contact, major decision-making, and child support arrangements.
- 3
List Assets and Debts
Prepare a full list of the home, vehicles, bank accounts, KiwiSaver, investments, and debts.
- 4
Agree the Division
Decide how assets and debts will be divided, and whether the division is equal or different from the default.
- 5
Obtain Legal Advice and Sign
For binding property division, each party must separately obtain independent legal advice, and the lawyers certify compliance with section 21 of the Property (Relationships) Act 1976.
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Legal Considerations
Separation engages several specialised family statutes and getting the formalities right is essential to make the agreement binding.
This template is for informational purposes only and does not constitute legal advice. For binding property division, both parties must obtain independent legal advice from a New Zealand family lawyer. This template is a starting point and a record of agreement, not a substitute for that advice.
Aligned with the Property (Relationships) Act 1976
Section 21 Contracting Out
Section 21 of New Zealand’s Property (Relationships) Act 1976 allows partners to agree a division of relationship property different from the Act’s equal-sharing default. To be binding, the agreement must: (a) be in writing; (b) be signed by both parties; (c) each party must obtain independent legal advice from a New Zealand lawyer before signing; and (d) each lawyer must certify they have explained the effect and implications of the agreement. Agreements that do not meet these requirements can be set aside under section 21F.
Welfare and Best Interests of Children
Any arrangement for children must comply with New Zealand’s Care of Children Act 2004. Section 4 makes the welfare and best interests of the child the paramount consideration, and section 5 lists principles including the child’s safety, relationship with both parents, and cultural identity. Parenting arrangements within a separation agreement can be formalised as a consent parenting order by the New Zealand Family Court under section 40.
Divorce and Dissolution
Separation is not divorce. Under the Family Proceedings Act 1980, either spouse or civil union partner can apply for a dissolution order once they have lived apart for two years (section 39). A separation agreement can assist in evidencing the separation date but does not itself dissolve a marriage or civil union.
Setting Aside Agreements
Under section 21J of New Zealand’s Property (Relationships) Act 1976, the Family Court can set aside a section 21 agreement if giving effect to it would cause serious injustice, having regard to a range of factors including provision for advice, pressure at signing, and changes in circumstances. This safeguard makes independent advice and fair process at the time of signing especially important.
Frequently Asked Questions
Separate with Clarity
Create a comprehensive New Zealand separation agreement that documents your arrangements, protects both parties, and gives the children certainty.
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