Family Law

4 Matter Plans Included

ALERTS - Nil
Full Commentary - Dissolution
Reference materials
- AI Prompts
- Electronic Signing and Witnessing
- Further information
Overview

The Family Court can end a marriage or civil union by making:
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Summary of the process

The usual steps in acting for an applicant in an uncontested sole application for dissolution include:
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A. Getting the matter underway
- File cover sheet - Dissolution
- To do list - Dissolution
- First steps
- Client details and verifying identity
- Taking instructions in dissolution matters
  
  When first meeting with a client, use the Retainer Instructions – Dissolution of Marriage or Civil Union to ensure all relevant information is obtained and the client can be advised of their options and how the matter will proceed. The marriage or civil union certificate is a critical document to ...
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- Retainer instructions - Dissolution
- Conflict of interest check
- Initial letter to client - Joint application
- Initial letter to client - Sole application
- Client Care and Terms of Engagement
- Scope of work - Dissolution
- Time and costs estimates
- If required - Updating costs disclosure
  - Letter to client updating costs estimate
- General deeds, agreements, execution clauses and statutory declaration
  - Deeds and Agreements
  - Deeds
    
    Deed for general use
    
    Deed of guarantee
    
    Deed of release
    
    Confidentiality deed
    
    General deed of indemnity
    
    Deed of assignment of agreement
    
    Deed of gift
  - Agreements
    
    Agreement for general use
    
    Heads of agreement
    
    Non-disclosure agreement - Formal
    
    Non-disclosure agreement - Informal
  - Library of clauses for deeds and agreements
    
    Amendment clause
    
    Confidentiality clause for defined information - All parties
    
    Confidentiality clause for defined information - One party
    
    Confidentiality clause for terms of agreement - All parties
    
    Confidentiality clause for terms of agreement - One party
    
    Costs clause
    
    Counterparts clause
    
    Dispute resolution clause
    
    Events beyond control clause
    
    Governing law and jurisdiction clause
    
    Interpretation clause
    
    No assignment clause
    
    Notices clause
    
    Severance clause
    
    Waiver clause
    
    Whole agreement clause
  - Execution clauses
    
    Execution clauses - Agreements
    
    Execution clauses - Deeds
  - Statutory declaration
    
    Statutory declaration
    
    Standard annexure note for documents
B. Preparing the application
- Orders
  
  Order for dissolution of marriage or civil union A dissolution order is based on the sole ground that the marriage or civil union has broken down irreconcilably: s 39(1) of the Family Proceedings Act 1980.
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- Separation under one roof
  
  The requirement under s 39(2) of the Family Proceedings Act 1980 that parties live separately and apart does not mean they must physically live in separate residences. It is not uncommon for parties to determine their marriage is at an end but remain living under the one roof for a period. The ...
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- Letter to client requesting evidence to support sole application - Separation under one roof
- Marriage or civil union certificate
  
  The original or certified copy of the marriage or civil union certificate must be provided. This must be the official registry certificate, not the document signed on the day of the marriage or civil union. The certificate should be attached to the affidavit accompanying the application: ...
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- The application procedure
  
  An application for an order dissolving a marriage or civil union is heard and determined in the Family Court. If the client is the sole applicant rather than jointly with the other party, the following documents need to be completed:
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- Application by one party
  - Application by one party for order dissolving marriage or civil union
  - Affidavit to accompany application by one party for order dissolving marriage or civil union
  - Annexure certificate
  - Information sheet to accompany certain applications (including certain applications made without notice)
  - Letter to client sending application to sign
- Joint application
  - Letter to other side seeking joint application
  - Joint application for order dissolving marriage or civil union
  - Affidavit to accompany joint application for order dissolving marriage or civil union
  - Annexure certificate
  - Information sheet to accompany certain applications (including certain applications made without notice)
  - Letter to other side sending joint application to sign
- If required - Other applications
  - Application for declaration of presumption of death and order dissolving marriage or civil union
  - Application for order declaring marriage or civil union to be void ab initio
  - Affidavit to accompany application by one party for order dissolving marriage or civil union
  - Annexure certificate
- If required - Reduction of court fees - Application for waiver or refund
  - Reduction of court fees
    
    Application can be made for a fee waiver if one or both parties are:
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  - Application for waiver (or refund) of fees for an individual
  - Application for waiver (or refund) of fees for an individual - previous waiver
  - Application for review of registrars decision for waiver or refund of fees
C. Filing and service
- The applicant and the time to file
  
  The application cannot be filed until two years after the date of separation recorded in the application: s 39(2) of the Family Proceedings Act 1980. Either party, or the parties jointly, may file the application: s 37(1).
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- Letter to court filing application
- Service of the application
  
  If the application for an order dissolving a marriage or civil union is a joint application, no service is required, and the parties usually share the filing fee. If it is a single application, it must be served on the respondent by personal service according to r 107(1) of the Family Court ...
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- Letter to other side's solicitor serving application
- Acknowledgement of service by respondent
- Acknowledgement of service by respondent's solicitor
- Letter to other side's solicitor enclosing acknowledgement of service
- Letter to process server to serve respondent
- Affidavit of service
- If required - Substituted service and dispensation of service
  - Substituted service and dispensation of service
    
    If all reasonable attempts have been made to effect personal service, and either the document cannot be served promptly or it has not come to the knowledge of the respondent, then r 126 of the Family Court Rules 2002 provides that an application to the court may be made for an order dispensing ...
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  - Interlocutory application without notice
  - Clause - Order dispensing service
  - Example content - Application for substituted service
  - General affidavit form
  - Example content - Affidavit for substituted service
  - Affidavit of advertising
  - Annexure certificate
- Objection to application
  
  The dissolution of the marriage or civil union can only be opposed on the basis that the two-year separation period alleged in the application has not expired, or that the court does not have jurisdiction. If a party wishes to oppose the application or be heard concerning the application, they must ...
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- Notice of defence
- Notice of intention to appear
- Request for appearance
- Courts of New Zealand – File and Pay
D. Going to court
- Attendance at court
  
  On a joint application, the parties are not required to attend court if they have consented to the order dissolving the marriage or civil union being made in their absence: r 354(2)(a) of the Family Court Rules 2002. The matter will be dealt with on the papers by a registrar on the date listed ...
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- Letter to client advising hearing date
- If required - Discontinuance
  - Discontinuance
    
    Proceedings may be discontinued according to r 195A of the Family Court Rules 2002. The rule provides:
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  - Interlocutory application without notice
  - Discontinuance order
  - General affidavit form
- When the dissolution order takes effect
  
  An order dissolving a marriage or civil union made by a judge in undefended proceedings must be sealed by a registrar as soon as it is made, and takes effect immediately: r 361 of the Family Court Rules 2002. An order dissolving a marriage or civil union made by a registrar or judge in ...
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- Appeals
  
  When an appeal is being considered after a defended hearing, the time limit for filing the appeal is 20 working days after the date of the order. There is no ability to seek an extension of time for an appeal against an order dissolving a marriage or civil union: s 174(4) of Family ...
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- Freedom to remarry
  
  A party is free to remarry or enter into a civil union once the order has taken effect as a final order: s 43 of the Family Proceedings Act 1980. Clients may need to speak to their religious advisers to see whether there are any specific requirements to be met for their religion to accept a ...
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- Property and maintenance orders after dissolution
  
  The parties have 12 months from the date the order takes final effect to commence proceedings for orders dividing their relationship property: s 24 of the Property (Relationships) Act 1976. However, s 24(2) provides that the court may extend the time for making an application after ...
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E. Finalising the matter
- Effect of dissolution on wills
  
  Unless a contrary intention is expressed in the will, the result of an order for dissolution is that gifts to a former spouse or civil union partner are void as though the spouse or civil union partner had predeceased the testator, and if they have been appointed as an executor or trustee the ...
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- Letter to client finalising the matter
- Example invoice
- Invoice recital - Dissolution
- Closing the file
- File closing checklist
Comments and suggestions for By Lawyers

ALERTS - Nil
Full Commentary - Relationship Property Division
Reference materials
- AI Prompts
- Electronic Signing and Witnessing
- Further information
Overview

The division of property between married, de facto, or civil union partners on their separation or death is governed by the Property (Relationships) Act 1976. Spousal maintenance is provided for in Part 6 of the Family Proceedings Act 1980. Spousal maintenance can be included in an agreement ...
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Limitation periods

Different time limits apply to applications for property division under the Property (Relationships) Act 1976 depending on whether they are brought by parties to a marriage, civil union, or de facto relationship.
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A. Getting the matter underway
- File cover sheet - Relationship property division
- To do list - Relationship property division
- First steps
- Client details and verifying identity
- Taking instructions in relationship property matters
  
  Often clients will have agreed in principle on their property division before seeing a lawyer. If so, the lawyer’s role is to formalise the agreement under s 21A of the Property (Relationships) Act 1976 and transfer title in property as required. If they have not reached agreement, clients need ...
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- Retainer instructions - Relationship property division
- Conflict of interest check
- Initial letter to client enclosing Client Care and Terms of Engagement
- Client Care and Terms of Engagement
- Letter to client requesting full disclosure
- Scope of work - Relationship property division
- Financial disclosure
  - Financial disclosure
    
    Without full financial disclosure by both parties, relationship property agreements or court orders are not possible. The lawyer’s role, and the court’s, in relationship property matters is to investigate thoroughly the parties’ financial positions, which means extracting all relevant information. ...
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  - Letter to client seeking full disclosure
  - Enclosure - Full disclosure
- Time and costs estimates
- If required - Updating costs disclosure
  - Letter to client updating costs estimate
- General deeds, agreements, execution clauses and statutory declaration
  - Deeds and Agreements
  - Deeds
    
    Deed for general use
    
    Deed of guarantee
    
    Deed of release
    
    Confidentiality deed
    
    General deed of indemnity
    
    Deed of assignment of agreement
    
    Deed of gift
  - Agreements
    
    Agreement for general use
    
    Heads of agreement
    
    Non-disclosure agreement - Formal
    
    Non-disclosure agreement - Informal
  - Library of clauses for deeds and agreements
    
    Amendment clause
    
    Confidentiality clause for defined information - All parties
    
    Confidentiality clause for defined information - One party
    
    Confidentiality clause for terms of agreement - All parties
    
    Confidentiality clause for terms of agreement - One party
    
    Costs clause
    
    Counterparts clause
    
    Dispute resolution clause
    
    Events beyond control clause
    
    Governing law and jurisdiction clause
    
    Interpretation clause
    
    No assignment clause
    
    Notices clause
    
    Severance clause
    
    Waiver clause
    
    Whole agreement clause
  - Execution clauses
    
    Execution clauses - Agreements
    
    Execution clauses - Deeds
  - Statutory declaration
    
    Statutory declaration
    
    Standard annexure note for documents
B. Urgently protecting the family home and chattels
- If required - Notice of claim of interest
  - Notice of claim
    
    The most common way to protect an interest in land is to register a notice of claim against the property’s title under s 42 of the Property (Relationships) Act 1976. The notice is lodged with the Registrar-General of Land. It can be completed electronically using the Landonline e-dealing ...
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  - Authority and instruction (A&I) from private individual client for an electronic transaction
  - Notice of claim, under section 42(1) of the Property (Relationships) Act 1976, to an interest in certain land
  - Application to lapse a caveat/Notice of Claim
  - Restraining order
    
    An application under s 43 of the Property (Relationships) Act 1976 can be made for a court order to restrain a party from disposing of any property. The court will determine what notice needs to be given to the other party, and how the order is to be served. Any disposition after the order has ...
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- If required - Interlocutory applications
  - Lawyer's Certificate
  - Interlocutory application on notice
  - Interlocutory application without notice
  - General affidavit form
  - Clause - Exhibit certificate
  - Information sheet to accompany certain applications (including certain applications made without notice)
- If required - Library of orders restraining
  - Order (or declaration)
  - Restraining order - Not to encumber property
  - Restraining order - Not to increase debt
  - Restraining order - Not to sell property
C. Property
- Relationship property
  
  Relationship property is defined in s 8 of the Property (Relationships) Act 1976 as:
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- Separate property
  
  Separate property is defined in s 9 of the Property (Relationships) Act 1976 as:
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- Presumption of equal sharing
  
  Section 11 of the Property (Relationships) Act 1976 establishes a presumption of equal sharing of the family home, family chattels, and any other relationship property between the parties, unless an exception applies. Under s 11A the presumption extends to the proceeds of sale of the ...
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- Exceptions to equal sharing
  
  The Property (Relationships) Act 1976 provides the following exceptions to the equal sharing rule.
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- Financial disclosure
  
  Without full financial disclosure by both parties, relationship property agreements or court orders are not possible. The lawyer’s role, and the court’s, in relationship property matters is to investigate thoroughly the parties’ financial positions, which means extracting all relevant information. ...
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- Letter to other side's lawyer seeking full disclosure
- Letter to other side's lawyer threatening to seek a discovery order
- Letter to other side seeking full disclosure when unrepresented
- Summary of assets and liabilities spreadsheet
- Summary of assets and liabilities for both parties
- Example content - Application for discovery after proceedings have commenced
- If required - Valuer
  - Letter jointly instructing an expert valuer
  - Letter instructing an expert valuer
  - Enclosure - Expert witness code of conduct
  - Schedule 4 – Code of conduct for expert witnesses
D. Maintenance
- Reasonable needs
  
  The reasonable needs of the applicant, and the duration of the proposed orders, are frequently the main issue in contested maintenance applications. The standard of living at or around the time of separation applies when assessing a party’s reasonable needs. While these needs are not limited to ...
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- Factors the court considers
  
  The court will determine an application for a spousal maintenance order under ss 63 or 64 based on factors including:
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- Supporting evidence
  
  An application for maintenance, and the supporting documents, should provide detail about the applicant’s needs and expenses. A defence and supporting material should be similarly detailed.
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- Amount payable
  
  While the court can set the amount for either a periodic or lump sum payment as it thinks fit, s 65 of the Family Proceedings Act 1980 sets out relevant factors the court must consider when determining the amount of maintenance payable to an eligible party, including:
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- Cost–benefit analysis
  
  Conducting a cost–benefit analysis of a spousal maintenance application’s merits and prospects assists with advising a client. This analysis should consider:
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- Urgent maintenance orders
  
  Section 82 of the Family Proceedings Act 1980 allows the court to make interim orders if an application for maintenance under ss 63 or 64 has been filed. The court can order payment of any periodic sum it considers reasonable until the final determination of the proceedings, for a ...
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- Maintenance order (spouse or civil union partner, former spouse or civil union partner, or former de facto partner)
- Example content - Application for a spousal maintenance order
- Order for spousal maintenance - Interest
- Affidavit of financial means and their sources
- If required - Interlocutory applications
  - Lawyer's Certificate
  - Interlocutory application on notice
  - Interlocutory application without notice
  - General affidavit form
  - Clause - Exhibit certificate
  - Information sheet to accompany certain applications (including certain applications made without notice)
E. Settling early
- Mediation
  
  Private mediation is available to the parties at any time before or after court proceedings are commenced, to assist in negotiating an agreement. About 15% of relationship property matters settle at or after a mediation. Mediation can be just between the parties, but usually includes their lawyers. ...
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- Offers to settle
  
  Most relationship property matters settle on the basis of reasonable negotiations which culminate in genuine offers being made and accepted. Exceptional cases involving complex issues or a large asset pool can require a hearing for the court to determine what is separate property and what is ...
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- Letter to other side's lawyer with Calderbank offer
- Relationship property agreements
  
  Parties who agree on their property division without the need for a court determination can enter into a settlement agreement under s 21A of the Property (Relationships) Act 1976. An agreement must be in writing and signed by both parties. Both parties also must have received independent legal ...
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- Section 21A agreements
  - Letter to other side's lawyer enclosing s 21A agreement
  - Letter to other side enclosing agreement when unrepresented
- Consent orders
  - Order (or declaration)
  - Example content - Orders for division of relationship property
  - Letter to other side's lawyer submitting memorandum of consent
  - Letter to other side's lawyer with authority and instruction for electronic transaction for signing
  - Letter to client with copy of judge's minute and orders
- Library of family orders
  - Order (or declaration)
  - Property orders
    
    Appoint party as a director of company
    
    Acquisition of interest of other party in property being sold
    
    Assets and liabilities not dealt with in orders are retained by the parties
    
    Assets cannot be disposed of or encumbered
    
    Chattels and furniture - Division after valuation
    
    Chattels and furniture - Division in accordance with schedule
    
    Encumbrance or loan redraw not permitted
    
    Exclusive occupation
    
    Indemnity
    
    Liberty to apply - Sale of property
    
    Occupation and vacation of property pending sale
    
    Party to co-operate with sale of property
    
    Parties to do all things necessary to give effect to orders
    
    Payment of mortgage and outgoings pending sale
    
    Possession of family home to be delivered to the other party
    
    Resign as director or officer of company
    
    Sale of property and division of proceeds
    
    Severance of joint tenancies
    
    Transfer business
    
    Transfer property - Self-represented parties
    
    Transfer property and payment including default interest and enforcement provisions
    
    Transfer property to one party and remortgage
    
    Transfer property to one party and remortgage with sale on default
    
    Transfer shares
  - General orders
    
    Adjournment
    
    Affidavit of discovery to be filed
    
    Direction for filing
    
    Discharging previous orders - Select orders
    
    Discovery within 14 days
    
    Execution of instruments by the court
    
    Expert's report to be filed
    
    Further affidavits to be filed for interim application
    
    Judicial settlement conference
    
    Liberty to apply - General
    
    Order for spousal maintenance - Interest
    
    Other applications dismissed
    
    Restraining order
    
    Transfer of proceedings
    
    Vacation of hearing date
  - Parenting orders
    
    Agreement not to relocate
    
    Alcohol and drugs prohibition
    
    Alcohol not consumed within 12 hours of handover
    
    Answer questions on affidavit
    
    Appointment of lawyer to represent child
    
    Border alert - Prohibition on travel - Absolute
    
    Border alert - Prohibition on travel - Conditional
    
    Change of name - Additional name
    
    Change of name - First name
    
    Change of name - General
    
    Change of name - Hyphenated surname
    
    Change of name - Restrained from using a particular name
    
    Changeovers - At school
    
    Changeovers - Child delivered by
    
    Changeovers - Delivery to home
    
    Changeovers - Location
    
    Changeovers - Not to remain after
    
    Changeovers - Specified person not to attend
    
    Changeovers - Supervised location
    
    Changeovers
    
    Child support
    
    Child support - Lump sum
    
    Child support - Lump sum - Settlement of property
    
    Child support - Not to be credited against assessment
    
    Child support - To be credited against assessment
    
    Child support - Varying assessment
    
    Child support - Pending formula assessment
    
    Child support - Urgent interim
    
    Communication - Written and telephone
    
    Communication - Written
    
    Discharging previous orders
    
    Living with and spending time with - Equal responsibility
    
    Live with each party for a period - Week schedule
    
    Live with each party for a period
    
    Living arrangements relocation and communication
    
    Location order individual
    
    Medical treatment - Decisions
    
    Medical treatment - Decisions - One party responsible
    
    Medical treatment - Not without consulting other party
    
    Non-molestation order
    
    Notation - Encourage good relationships
    
    Obligation to provide contact details
    
    Overnight away from party's home not permitted
    
    Parental responsibility - No consultation unless major long term issue
    
    Passport - Consent dispensed with - Issued and renewal
    
    Passport - Holding passports pending travel
    
    Passport - Passport agency to issue
    
    Passport - Registrar to hold pending orders or consent
    
    Passport - Application not to be made
    
    Passport - Consent dispensed with
    
    Passport - To be surrendered
    
    Paternity test
    
    Recovery
    
    Recovery - Police and others
    
    Refrain from denigrating or criticising
    
    Refrain from discussing proceedings and counselling other than as ordered
    
    Refrain from making critical or derogatory remarks
    
    Religious instructions
    
    Report by family consultant
    
    Restraint from leaving New Zealand
    
    Schooling - School to attend
    
    Schooling - Sole responsibility
    
    Sole parental responsibility - Education
    
    Sole parental responsibility - Exception school and medical
    
    Sole parental responsibility - General
    
    Sole parental responsibility - Major long term issues
    
    Sole parental responsibility - Major long term issues - Extensive
    
    Sole parental responsibility - Sporting activities
    
    Sole parental responsibility
    
    Sole parental responsibility - Extensive
    
    Spend time alternate weekends one midweek night
    
    Spend time with and communicate as agreed
    
    Spending time - Children's birthdays
    
    Spending time - Father's Day and Mother's Day
    
    Spending time - Parties birthday
    
    Spending time - Refrain from seeing person
    
    Spending time - Holidays, Christmas and Easter
    
    Spending time - Grandparents - Notation
    
    Spending time - Grandparents
    
    Supervision of time spent with a party
    
    Telephone communication - Every night
    
    Telephone communication - Every other night
    
    Telephone communication - Extensive
    
    Telephone communication - One evening a week
    
    Urinalysis and hair follicle testing - Monthly
    
    Urinalysis and hair follicle testing - Weekly
    
    Varying previous orders
- KiwiSaver and Superannuation
  - Superannuation and KiwiSaver accounts
  - KiwiSaver and superannuation accounts
    
    Superannuation scheme entitlements, including KiwiSaver accounts, are relationship property under s 8 of the Property (Relationships) Act 1976 and therefore divided equally. A superannuation scheme entitlement is defined under s 2 as any pension, benefit, or right to which either spouse ...
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  - Example content - Application for payment from superannuation or Kiwisaver to the other side
  - General affidavit form
  - Example content - Affidavit in support of an application for payment from superannuation or KiwiSaver to the other side
  - Example content - Consent memorandum regarding superannuation or KiwiSaver order
  - Order (or declaration)
  - Order for payment from superannuation or KiwiSaver
  - Letter to superannuation fund following orders
F. Going to court
- Jurisdiction
  
  Applications under the Property (Relationships) Act 1976 are brought in the Family Court of New Zealand, which is a division of the District Court of New Zealand. The Act also confers jurisdiction on the High Court of New Zealand if a Family Court judge considers it appropriate for proceedings to ...
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- Application
  
  Proceedings begin when the applicant files an Application for Order or Declaration under the Property (Relationships) Act 1976 in the Family Court.
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- Application form for order (or declaration) on notice
- Application form for order (or declaration) without notice
- Example content - Application for orders for division of relationship property
- Information sheet to accompany certain applications (including certain applications made without notice)
- Filing fee
  
  The filing fee is paid at the time of filing, by cash, eftpos, debit card, or credit card. Alternately, an application to waive the filing fee can be filed when a party:
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- If required - Application for help to pay court fees
  - Apply for help to pay the court fees for a civil or family case
- Applicant’s affidavits
  
  Applicant’ narrative affidavit Rule 392 of the Family Court Rules 2002 provides that an applicant must file with their application an Affidavit, known as the applicant’s Narrative Affidavit, that includes the following information:
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- Affidavit of assets and liabilities
- General affidavit form
- Library of affidavit clauses
  - Agreed value of house
  - Assets and chattels already divided
  - Chattels to be divided equally
  - Children names and dates of birth
  - Entitlement to life insurance policy
  - Entitlement to proceeds of superannuation policy or Kiwisaver fund
  - House encumbrance details
  - House to be sold and divided equally
  - House unencumbered
  - Joint asset details
  - Joint proprietors of house
  - Marriage date
  - Marriage date and dissolution date
  - Marriage date application for dissolution filed
  - Motor vehicles
  - No children
  - Partnership between parties details
- Letter to client with application and affidavits to sign
- Service
  
  Unless the application is without notice, it must be served on:
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- Letter to process server to serve application
- Letter to other side's lawyer serving relationship property application
- Affidavit of service
- Acknowledgement of service by respondent
- Acknowledgement of service by respondent's lawyer
- Letter to other side's lawyer serving acknowledgement of service
- If required - Substituted service and dispensing with service
  - Substituted service and dispensing with service
    
    If all reasonable attempts have been made to effect personal service, and the document either:
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  - Application form for order (or declaration) on notice
  - Application form for order (or declaration) without notice
  - Example content - Application for substituted service
  - Annexure certificate
  - Example content - Affidavit for substituted service
  - Order for substituted service
- Defence
  
  Unless a judge or registrar directs otherwise, within 21 days of being served with an application the respondent must file and serve on the applicant a Notice of Defence, and an Affidavit sufficient to inform the court of the facts on which the respondent will rely to oppose the orders sought. ...
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- Notice of defence
- Example content - Notice of defence
- Notice of intention to appear
- Respondent’s affidavits
  
  Respondent’s narrative affidavit Like the applicant’s Affidavit, the respondent’s Narrative Affidavit should include all relevant information, including the proposed arrangements for division of property and resolution of issues between the parties: rr 21(i), 392(1) and 398(1).
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- Case management
  
  The procedure for all relationship property matters in the Family Court is governed by the Family Court Rules 2002 and the Family Court Caseflow Management Practice Note, particularly Chapter 13. The court expects lawyers to be familiar with the Rules and the practice note.
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- Family Court Caseflow Management Practice Note
- Registrar’s review
  
  Matters are reviewed by the court registrar 6 weeks after filing, to check all documents have been filed and served. If the documents have been served, the registrar will arrange a judicial conference within 42 days. If not, the matter will be adjourned to another registrar’s review.
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- Judicial conference
  
  The judicial conference is the first court appearance for the parties. Rule 174 of the Family Court Rules 2002 provides that its purpose is to ensure that an application is determined as fairly, inexpensively, simply, and speedily as is consistent with justice, and for the court to give ...
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- Example content - Memorandum of counsel for judicial conference
- Letter to client with hearing date
- Interlocutory applications
  
  An interlocutory application made on notice must be in form G 20. An interlocutory application made without notice must be in form G 21 unless, a judge or registrar permits the application to be made in another form, such as orally at a hearing.
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- Letter to other side's lawyer about deficient disclosure after proceedings have begun
- Example content - Application for discovery after proceedings have commenced
- If required - Interlocutory applications
  - Lawyer's Certificate
  - Interlocutory application on notice
  - Interlocutory application without notice
  - General affidavit form
  - Clause - Exhibit certificate
  - Information sheet to accompany certain applications (including certain applications made without notice)
- Example content - Orders for division of relationship property
- Discontinuing proceedings
  
  An applicant can bring an application without notice to discontinue proceedings at any time before or during their substantive application is heard. This interlocutory application is determined by a family court associate or registrar if they have power to determine the substantive application. ...
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- Death of a party
  
  Section 10D of the Property (Relationships) Act 1976 provides that proceedings under the Act continue if one of the spouses or partners die. Once an election is made under s 61, a surviving spouse or partner may apply for orders under the Act: s 81.
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- Notice of choice of option by surviving spouse, civil union partner, or de facto partner, under section 61 of the Property (Relationships) Act 1976
- Example content - Notice of choice of option by surviving spouse, civil union partner, or de facto partner
- Final hearing
  
  Preparing for the hearing Before the final hearing the parties must prepare any material that the judge, at the judicial conference or otherwise, has directed them to provide. This will usually include:
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- Costs
  
  Under s 40 of the Property (Relationships) Act 1976 the court has complete discretion to determine costs at any stage of the proceedings or for any step in a proceeding, and can make any costs orders it thinks fit. The general approach is that relationship property cases are treated as ...
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- Appeals
  
  Under s 39 of the Property (Relationships) Act 1976, a party can appeal to the High Court concerning a Family Court or District Court decision to:
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- Enforcement
  
  The Family Court of New Zealand can enforce its own orders on application by a party. Under s 21L of the Property (Relationships) Act 1976, all available remedies for the enforcement of contracts can be used to enforce agreements under s 21A. Section 22 confers jurisdiction on the ...
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G. Finalising the matter
- Finalising the matter
  
  When negotiations or court proceedings are completed, there may still be significant work required to finalise the matter, including:
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- Letter to client finalising the matter
- Letter to client finalising the matter - Section 21A agreement
- Example invoice
- Invoice recital - Relationship property division
- Closing the file
- File closing checklist
Comments and suggestions for By Lawyers

ALERTS - Nil
Full Commentary - Parenting
Reference materials
- AI Prompts
- Electronic Signing and Witnessing
- Further information
Overview

Arrangements for the care and guardianship of children in Aotearoa New Zealand is governed by the Care of Children Act 2004. The purpose of the legislation includes to promote children’s welfare and best interests and to facilitate their development, by helping to ensure that appropriate ...
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A. Getting the matter underway
- File cover sheet - Parenting
- To do list - Parenting
- First steps
- Client details and verifying identity
- Retainer instructions - Parenting
- Conflict of interest check
- Initial letter to client with Client Care and Terms of Engagement
- Client Care and Terms of Engagement
- Scope of work - Parenting
- Time and costs estimates
- If required - Updating costs disclosure
  - Letter to client updating costs estimate
- General deeds, agreements, execution clauses and statutory declaration
  - Deeds and Agreements
  - Deeds
    
    Deed for general use
    
    Deed of guarantee
    
    Deed of release
    
    Confidentiality deed
    
    General deed of indemnity
    
    Deed of assignment of agreement
    
    Deed of gift
  - Agreements
    
    Agreement for general use
    
    Heads of agreement
    
    Non-disclosure agreement - Formal
    
    Non-disclosure agreement - Informal
  - Library of clauses for deeds and agreements
    
    Amendment clause
    
    Confidentiality clause for defined information - All parties
    
    Confidentiality clause for defined information - One party
    
    Confidentiality clause for terms of agreement - All parties
    
    Confidentiality clause for terms of agreement - One party
    
    Costs clause
    
    Counterparts clause
    
    Dispute resolution clause
    
    Events beyond control clause
    
    Governing law and jurisdiction clause
    
    Interpretation clause
    
    No assignment clause
    
    Notices clause
    
    Severance clause
    
    Waiver clause
    
    Whole agreement clause
  - Execution clauses
    
    Execution clauses - Agreements
    
    Execution clauses - Deeds
  - Statutory declaration
    
    Statutory declaration
    
    Standard annexure note for documents
B. Initial considerations for parenting orders
- Procedural rules for conducting parenting proceedings
  
  Part 5A of the Family Court Rules 2002 contains the procedural rules for conducting parenting proceedings in Family Court except for proceedings relating to international child abduction which are dealt with under the general rules. The Family Court has a track system under which cases are ...
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- Eligible applicants
  
  Under s 47 of the Care of Children Act 2004, a person eligible to apply for parenting orders must be:
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- Paternity and parenthood
  
  In the absence of contrary evidence, a man is presumed to be the father of a child if he was married to the mother at the time of the child’s birth or the child was born within 10 months after the marriage has been dissolved by death or otherwise: s 5(1). A presumption of paternity also ...
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- If required - Paternity
  - Application for declaration of paternity
  - Information sheet to accompany certain applications (including certain applications made without notice)
  - General affidavit form
  - Notice of application to respondent
  - Notice of application to respondent residing outside New Zealand
- Requirement for family dispute resolution certificate
  
  Under s 46E of the Care of Children Act 2004, family dispute resolution is mandatory before commencing proceedings. An application for a parenting order or determination of a guardians’ dispute must be filed with a certificate from a family dispute resolution provider signed within the ...
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- Family violence history
  
  A client’s instructions should cover any family violence history or allegations. Copies of previous applications and orders must be obtained. If the court is satisfied a party has inflicted family violence against a child or a person responsible for the child’s day-to-day care, then it is likely to ...
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- Matters covered in parenting orders
  
  Parenting arrangements Ideally, parenting orders cover arrangements for:
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- Duration of parenting orders
  
  A parenting order generally remains in force until varied, discharged, or the child turns 16, unless special circumstances apply: s 50 of the Care of Children Act 2004. Guardianship ends when:
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C. Settling it early
- Guardianship and care of children
  
  Responsibilities associated with guardianship and care arrangements for children are separate and distinct.
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- Parenting agreements
  
  The Care of Children Act 2004 encourages parents, guardians, and donors to agree on their own arrangements for a child’s care, development, and upbringing: s 39. A parenting agreement is an informal written agreement about who has day-to-day care of a child and contact with the child. This ...
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- Parenting agreement
- Initial letter to other side sending parenting agreement
- Letter to other side's lawyer negotiating proposed parenting agreement
- Family dispute resolution
  
  Parties responsible for a child’s care, development, and upbringing who have trouble agreeing are expected to attend family dispute resolution. The Ministry of Justice will either fully or partially fund a party’s attendance at family dispute resolution depending on their income and financial ...
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- Funding Declaration Form - Form 40
- Letter to other's side solicitor inviting them to family dispute resolution
- Letter to other side inviting them to family dispute resolution
- Parenting orders by consent
  
  Before a court can make a parenting order, including by consent, it must be satisfied the order is in the child’s best interests. In doing so, the court must take into account the principles relating to a child’s welfare and best interests: ss 4 and 5 of the Care of Children Act 2004. ...
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- If required - Interim parenting orders
  - Interim parenting order(s)
- Joint application to make a new parenting order by consent
- Application for parenting order
- Parenting order(s)
- Example content - Parenting orders by consent
- General Consent Memorandum Relating to Children
- Example content - Memorandum of counsel in support of joint application for parenting orders
- Library of parenting orders
  - Agreement not to relocate
  - Alcohol and drugs prohibition
  - Alcohol not consumed within 12 hours of handover
  - Answer questions on affidavit
  - Appointment of lawyer to represent child
  - Border alert - Prohibition on travel - Absolute
  - Border alert - Prohibition on travel - Conditional
  - Change of name - Additional name
  - Change of name - First name
  - Change of name - General
  - Change of name - Hyphenated surname
  - Change of name - Restrained from using a particular name
  - Changeovers - At school
  - Changeovers - Child delivered by
  - Changeovers - Delivery to home
  - Changeovers - Location
  - Changeovers - Not to remain after
  - Changeovers - Specified person not to attend
  - Changeovers - Supervised location
  - Changeovers
  - Child support
  - Child support - Lump sum
  - Child support - Lump sum - Settlement of property
  - Child support - Not to be credited against assessment
  - Child support - To be credited against assessment
  - Child support - Varying assessment
  - Child support - Pending formula assessment
  - Child support - Urgent interim
  - Communication - Written and telephone
  - Communication - Written
  - Discharging previous orders
  - Living with and spending time with - Equal responsibility
  - Live with each party for a period - Week schedule
  - Live with each party for a period
  - Living arrangements relocation and communication
  - Location order individual
  - Medical treatment - Decisions
  - Medical treatment - Decisions - One party responsible
  - Medical treatment - Not without consulting other party
  - Non-molestation order
  - Notation - Encourage good relationships
  - Obligation to provide contact details
  - Overnight away from party's home not permitted
  - Parental responsibility - No consultation unless major long term issue
  - Passport - Consent dispensed with - Issued and renewal
  - Passport - Holding passports pending travel
  - Passport - Passport agency to issue
  - Passport - Registrar to hold pending orders or consent
  - Passport - Application not to be made
  - Passport - Consent dispensed with
  - Passport - To be surrendered
  - Paternity test
  - Recovery
  - Recovery - Police and others
  - Refrain from denigrating or criticising
  - Refrain from discussing proceedings and counselling other than as ordered
  - Refrain from making critical or derogatory remarks
  - Religious instructions
  - Report by family consultant
  - Restraint from leaving New Zealand
  - Schooling - School to attend
  - Schooling - Sole responsibility
  - Sole parental responsibility - Education
  - Sole parental responsibility - Exception school and medical
  - Sole parental responsibility - General
  - Sole parental responsibility - Major long term issues
  - Sole parental responsibility - Major long term issues - Extensive
  - Sole parental responsibility - Sporting activities
  - Sole parental responsibility
  - Sole parental responsibility - Extensive
  - Spend time alternate weekends one midweek night
  - Spend time with and communicate as agreed
  - Spending time - Children's birthdays
  - Spending time - Father's Day and Mother's Day
  - Spending time - Parties birthday
  - Spending time - Refrain from seeing person
  - Spending time - Holidays, Christmas and Easter
  - Spending time - Grandparents - Notation
  - Spending time - Grandparents
  - Supervision of time spent with a party
  - Telephone communication - Every night
  - Telephone communication - Every other night
  - Telephone communication - Extensive
  - Telephone communication - One evening a week
  - Urinalysis and hair follicle testing - Monthly
  - Urinalysis and hair follicle testing - Weekly
  - Varying previous orders
- Library of application, response, and affidavit clauses
  - Affidavit in support of application or notice of response
  - Affidavit in support of orders for substituted service
  - Application for a direction in a guardianship dispute and order for discharge of order preventing removal of child from New Zealand
  - Application for declaration of father as guardian
  - Application for order preventing removal of child
  - Application for order to dispense with service or for substituted service
  - Application for parenting order
  - Notice of response to application for parenting orders
  - Without notice application for parenting order
  - Without notice application for warrant to enforce parenting order
D. Child support
- Child support agreements
  
  Parents who agree between themselves on child support payments may enter into a voluntary written agreement. A voluntary child support agreement, if accepted, can be administered by the Commissioner of Inland Revenue. The Commissioner cannot accept a voluntary agreement when a current formula ...
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- Voluntary child support agreement
- Application for order to set aside voluntary agreement
- Order to set aside voluntary agreement
- Parentage and child support
  
  Paternity may be the subject of:
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- Application for declaration of paternity
- Objection to formula assessment
  
  A person who believes a formula assessment may be wrong or based on incorrect information can object to the Commissioner’s decision. A person can lodge an objection to a decision:
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- Object to a child support decision – Inland Revenue
- Order upholding or disallowing appeal against assessment
- Child support review
  
  A parent or carer who believes the formula assessment does not adequately take into account their particular circumstances can apply for a child support review. This review is also known as an administrative review. Grounds to apply for a child support review are set out in s 105(2) of the ...
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- Apply for a child support review – Inland Revenue
- Assessment appeals or departure orders
  
  Part 7 of the Child Support Act 1991 allows appeals to the Family Court to hear appeals against the Commissioner’s determinations on formula assessments or decisions on objections to assessments with a further avenue of appeal to the High Court in appropriate cases. A parent dissatisfied with ...
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- AI Prompt for notice of appeal against assessment
- AI Prompt for application for suspension order
- AI Prompt for affidavit in support of application for suspension order
- If required - Assessment appeals or departure orders
  - Order upholding or disallowing appeal against assessment
  - Order for departure from formula assessment
E. Relocation and travel
- Relocation
  
  Permitting a parent to relocate a child’s residence depends on the circumstances. As always, the child’s welfare and best interests is the first and paramount consideration. In Kacem v Bashir 2010 NZSC 112, the Supreme Court of New Zealand held:
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- Overseas travel with children
  
  When parents want to travel overseas with children for holidays or to visit family, the non-travelling parent naturally may be concerned the child will not be returned to New Zealand. Generally, the court considers the experience of other cultures and places and spending time with extended family ...
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- Application form for order (or declaration) on notice
- General affidavit form
- If required - Orders relating to travel
  - Passport - Consent dispensed with - Issued and renewal
  - Passport - Holding passports pending travel
  - Passport - Passport agency to issue
  - Passport - Registrar to hold pending orders or consent
  - Passport - Application not to be made
  - Passport - Consent dispensed with
  - Passport - To be surrendered
F. Urgent applications
- Applications without notice
  
  Under r 416H(b), an application can be brought without notice only if the delay caused by bringing it on notice could entail:
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- Application form for order (or declaration) without notice
- Interlocutory application without notice
- Certificate of lawyer for without notice applications in the Family Court
- Applications involving allegations of abuse or violence
  
  In cases of alleged child abuse or family violence, evidence on the nature of the violence must be specific. It must include when the violence occurred, how often and where, what form it took, the likelihood of recurrence, and its impact on the children. Corroborative evidence should be filed when ...
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- Contravention of a parenting order and warrants to enforce
  
  An application can be brought for a warrant to enforce an existing parenting order for the child’s day-to-day care or contact with another person when a child is being retained by another party or parent in contravention of that order. A warrant authorises a police officer or social worker to take ...
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- Warrant to enforce role of providing day-to-day care for, or order for contact with, child
- Without notice application for warrant to enforce parenting order
- Information sheet to accompany certain applications (including certain applications made without notice)
- Removal of a child from New Zealand
  
  Taking a child overseas requires the other parent’s consent if they are a guardian. Section 80 states it is an offence to take or attempt to take a child out of New Zealand without the leave of the court by a person who:
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- Border Alert Request Form
- Applications under the Hague Convention for wrongful removal or retention overseas
  
  Taking a child overseas requires the other parent’s consent if they are a guardian. It is an offence to take or attempt to take a child out of New Zealand without leave of the court:
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- Application for a direction in a guardianship dispute and order for discharge of order preventing removal of child from New Zealand
- Warrant to take child to prevent removal from New Zealand
- Application for order preventing removal of child
- Without notice application for parenting order
- General affidavit form
- Bond to ensure compliance with parenting order
G. Application for parenting orders
- Interim applications
  
  An application seeking interim parenting orders is usually only brought when:
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- Interim parenting order(s)
- Interlocutory application on notice
- Interlocutory application without notice
- Completing the application
  
  To commence proceedings for a parenting order the following documents are required to be completed:
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- Application for an Order under the Care of Children Act 2004
- Application form for order (or declaration) on notice
- General affidavit form
- Letter to other side's lawyer serving application
- Notice to respondent of application under Care of Children Act 2004
- Notice to respondent residing outside New Zealand of application under Care of Children Act 2004
- Information sheet to accompany certain applications (including certain applications made without notice)
- Notice of response
  
  Unless the court or a registrar directs otherwise, a respondent must, within 21 days after service on the respondent of the application under the Act, file and serve on the applicant:
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- Affidavit in support of application or notice of response
- Notice of Response to an application made under the Care of Children Act 2004
- Notice of response to application for parenting orders
- Notice of intention to appear
- Notice of opposition
H. Filing and service
- Filing and service
  
  Filing An application for a parenting order should be filed in the Family Court registry nearest the home of the parent or person who has the care of the children. The filing fee is paid on filing.
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- Affidavit of service
- Affidavit of advertising
- General affidavit form
- Front page for documents filed in court
- Memorandum on first document filed by party
- If required - Substituted service and dispensation of service
  - Substituted service and dispensation of service
    
    A person can apply for an order for substituted service or dispense with the requirement of service if:
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  - Application form for order (or declaration) on notice
  - Application form for order (or declaration) without notice
  - Example content - Application for substituted service
  - General affidavit form
  - Annexure certificate
  - Example content - Affidavit for substituted service
  - Order for substituted service
I. Going to court
- Child’s welfare and best interests
  
  The court’s first and paramount consideration in administering and applying the Care of Children Act 2004 and making parenting orders is the child’s welfare and best interests in their particular circumstances. This consideration emphasises that the child is an individual with personalised ...
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- The court’s role in encouraging settlement
  
  Any possibility of certain issues or the entire dispute being resolved by agreement should be brought to the court’s attention as early as possible. At various stages of the proceedings, the court will require an indication from the parties’ representatives that the dispute can be settled. If this ...
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- Interim applications
  
  An application seeking interim parenting orders is usually only brought when:
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- Affidavits
  
  Affidavits must be:
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- General affidavit form
- Affidavit of documents
- Striking out, stay or dismissal, and discontinuance
  
  Striking out a pleading The court can strike out all or part of any pleading, including an application or notice of response, if the pleading:
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- If required - Striking out, stay or dismissal, and discontinuance
  - Interlocutory application on notice
  - Affidavit of service
  - General affidavit form
  - Discontinuance order
- Case management
  
  All parenting matters are governed by the relevant provisions in the Family Court Rules 2002 including the specific rules in Part 5A which apply to proceedings under the Care of Children Act 2004 as well as the Family Court Caseflow Management Practice Note, particularly Chapter 6 which ...
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- Registrar’s review
  
  When an application is filed, the court will allocate a Registrar’s Review date. The registrar must complete a notice to respondent and must issue for service:
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- Judicial conference
  
  The first court event before a judge is a judicial conference, usually within 42 days of filing. Ordinarily, the registrar will allocate a judicial conference after 2 adjournments in the Registrar’s List if there have been delays or non-compliance with directions, or at the request of ...
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- Ready list
  
  Every court registry maintains a ready list for all defended cases. The court will not transfer a file to the ready list unless a judge is satisfied the matter can be heard immediately or is identified as urgent or a priority. Counsel will be required to complete a long cause fixture checklist for ...
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- Application for fixture
- Lawyer for the child
  
  Under s 7 of the Care of Children Act 2004, a lawyer may be appointed to represent a child if the court has concerns for the safety or well-being of the child and considers an appointment necessary.
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- Counselling
  
  Section 46G permits a judge to refer the parties for counselling after proceedings have commenced. The purpose is to improve the parties’ relationship or encourage compliance with any court order or direction. Referrals for counselling are made in high conflict cases or when parents need ...
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- Specialist reports
  
  Specialist reports can be obtained under ss 131A, 132 and 133 of the Care of Children Act 2004 to address any care and protection concerns, or cultural, medical, or psychiatric issues. If the court wants to know whether a child or family has been involved with Oranga Tamariki, then it can ...
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- Letter to single expert requesting report
- Dispute resolution after proceedings have commenced
  
  Case conferences to resolve disputes after proceedings have begun include settlement conferences and directions conferences.
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- Memorandum for directions conference
- Non-compliance with directions
  
  Not complying with the court’s directions can result in an order:
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- If required - Ceasing to act
  - Ceasing to act
    
    A lawyer who can no longer act for a party must file an interlocutory application for a declaration that they are no longer acting for the party. The grounds for the application should be set out in an affidavit.
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  - Interlocutory application on notice
  - Affidavit of service
  - General affidavit form
- Preparing for the final hearing
  
  At this stage, orders will have been made stipulating what materials must be provided by the parties’ lawyers before the final hearing. These materials will include:
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- Final hearing
  
  Due to the volume of matters, a matter may not be heard on the first date allocated. The court advises parties to use the waiting time to attempt resolution. Hearing time is limited, and the court wants to deal with matters efficiently.
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- Undefended hearings
  
  The court will list a matter for an undefended hearing when one party defaults or no defence is filed. The matter will proceed as an undefended hearing or a formal proof hearing.
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- Costs
  
  The court can determine costs at any stage of the proceedings and make any costs order it thinks fit: s 142 of the Care of Children Act 2004. In care of children cases, the court must have regard to s 4 when considering costs. A child’s welfare and best interests is the first and ...
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- Appeals
  
  Under s 143 of the Care of Children Act 2004, a party can appeal to the High Court regarding a Family Court or District Court decision to:
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- Notice of appeal
J. Variation of orders
- Changing existing parenting orders by consent
  
  Children’s needs and circumstances change, requiring variation of parenting orders. Parents can vary a final parenting order by filing a joint signed General Consent Memorandum relating to children and a draft order: s 57.
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- General Consent Memorandum Relating to Children
- Request to registrar to vary final parenting order – by consent under section 57 of the Care of Children Act 2004
- Variation and discharge of parenting orders
  
  The court can vary or discharge a parenting order or a guardianship order on an application by an eligible person affected by the order or acting on a child’s behalf: s 56. An eligible person for the purposes of this section is a person affected by the order or a person acting on behalf of the ...
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K. Finalising the matter
- Finalising the matter
  
  Closing the file
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- Letter to client finalising matter
- Example invoice
- Invoice recital - Parenting
- Closing the file
- File closing checklist
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Full Commentary - Relationship Property Agreements
Reference materials
- AI Prompts
- Electronic Signing and Witnessing
- Further information
Overview

The division of property between married, de facto, or civil union partners on their separation or death is governed by the Property (Relationships) Act 1976. The Act applies to de facto and civil union relationships that end after 1 February 2002 even if they began before that date. ...
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A. Getting the matter underway
- File cover sheet - Relationship property agreements
- To do list - Relationship property agreements
- First steps
- Client details and verifying identity
- Taking instructions on relationship property agreements
  
  From the outset, a lawyer needs to obtain detailed information about the parties’ joint and individual history, finances, income, employment, assets, liabilities, children, and living arrangements. Without all the facts and figures, a lawyer cannot give the client accurate advice on their options, ...
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- Retainer instructions - Relationship property agreements
- Conflict of interest check
- Initial letter to client regarding s 21 agreement
- Initial letter to client regarding s 21A agreement
- Initial letter to client with Client Care and Terms of Engagement
- Client Care and Terms of Engagement
- Scope of work - Relationship property agreements
- Enclosure - Full disclosure
- Summary of assets and liabilities for both parties
- Summary of assets and liabilities spreadsheet
- Full disclosure
  - Letter to client seeking full disclosure
  - Enclosure - Full disclosure
  - Letter to other side's lawyer seeking full disclosure
  - Letter to other side seeking full disclosure when unrepresented
- Time and costs estimates
- Letter to client updating costs estimate
- If required - Updating costs disclosure
  - Letter to client updating costs estimate
- General deeds, agreements, execution clauses and statutory declaration
  - Deeds and Agreements
  - Deeds
    
    Deed for general use
    
    Deed of guarantee
    
    Deed of release
    
    Confidentiality deed
    
    General deed of indemnity
    
    Deed of assignment of agreement
    
    Deed of gift
  - Agreements
    
    Agreement for general use
    
    Heads of agreement
    
    Non-disclosure agreement - Formal
    
    Non-disclosure agreement - Informal
  - Library of clauses for deeds and agreements
    
    Amendment clause
    
    Confidentiality clause for defined information - All parties
    
    Confidentiality clause for defined information - One party
    
    Confidentiality clause for terms of agreement - All parties
    
    Confidentiality clause for terms of agreement - One party
    
    Costs clause
    
    Counterparts clause
    
    Dispute resolution clause
    
    Events beyond control clause
    
    Governing law and jurisdiction clause
    
    Interpretation clause
    
    No assignment clause
    
    Notices clause
    
    Severance clause
    
    Waiver clause
    
    Whole agreement clause
  - Execution clauses
    
    Execution clauses - Agreements
    
    Execution clauses - Deeds
  - Statutory declaration
    
    Statutory declaration
    
    Standard annexure note for documents
B. Agreements before and during a relationship - s 21
- Section 21 or contracting out agreements
  
  Section 21 of the Property (Relationships) Act 1976 allows spouses, civil union partners, de facto partners, or any two parties who are in or contemplating a marriage, civil union, or de facto relationship, to make any agreement they think fit about the status, ownership, and division of ...
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- Section 21 agreement
- Example content for a section 21 agreement - Excluding future property
- Example content for a section 21 agreement - Excluding home owned by one party
- Letter to other side's lawyer enclosing s 21 agreement
- Letter to other side enclosing agreement when unrepresented
- Legal advice
  
  The parties to an agreement under ss 21, 21A, or 21B of the Property (Relationships) Act 1976 must receive advice from a lawyer about the effect and implications of the agreement before signing it, and the lawyer must certify the client was given this advice. If not, the agreement ...
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- Letter to client advising to sign a s 21 agreement
- Letter to client advising not to sign a s 21 agreement - General
- Letter to client advising not to sign a s 21 agreement excluding home owned by one party
C. Agreements after a relationship - s 21A
- Section 21A or separation agreements
  
  Section 21A of the Property (Relationships) Act 1976 allows separating or separated spouses, civil union partners, or de facto partners to make any agreement they think fit to settle their differences concerning the status, ownership, and division of any property they own jointly or severally. ...
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- Section 21A agreement
- Letter to other side's lawyer enclosing s 21A agreement
- Letter to other side enclosing agreement when unrepresented
- Legal advice
  
  The parties to an agreement under ss 21, 21A, or 21B of the Property (Relationships) Act 1976 must receive advice from a lawyer about the effect and implications of the agreement before signing it, and the lawyer must certify the client was given this advice. If not, the agreement ...
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- Letter to client advising to sign a s 21A agreement - General
- Letter to client advising not to sign a s 21A agreement - General
- Letter to client advising to sign a s 21A agreement for family home transfer
- Letter to client advising not to sign a s 21A agreement for family home transfer
- KiwiSaver and superannuation scheme entitlements
  
  Contributions to a KiwiSaver account or private superannuation scheme made before the relationship are ordinarily separate property, and contributions made during the relationship are relationship property. That position can be either confirmed or varied by a section 21 agreement.
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- Letter to other side's lawyer submitting memorandum of consent
- Death of a party
  
  An agreement made under ss 21 or 21A of the Property (Relationships) Act 1976 survives the death of a party. The deceased party’s obligations under the agreement continue to bind the estate and, in effect, the party’s legal personal representative or their executor. An agreement should ...
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- Section 21B agreement – after the death of a party
  
  Section 21B of the Property (Relationships) Act 1976 allows a deceased’s surviving spouse or partner and the deceased’s legal personal representative to contract out of the Act’s provisions when:
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D. Validity, setting aside, and enforcement
- The court’s power to set aside
  
  An agreement that complies with s 21F can be set aside under s 21J if it could cause serious injustice. In deciding whether an agreement could cause serious injustice, the court must consider:
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- Enforcement
  
  Under s 21L of the Property (Relationships) Act 1976, all available remedies for the enforcement of contracts can be used to enforce agreements under ss 21, 21A, or 21B. Section 22 confers jurisdiction on the Family Court of New Zealand for any application to enforce an ...
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- Application form for order (or declaration) on notice
- Application form for order (or declaration) without notice
- Information sheet to accompany certain applications (including certain applications made without notice)
- Notice of application to respondent
E. Finalising the matter
- Finalising the matter
  
  After an agreement is reached there may still be significant work required to finalise the matter, including:
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- Letter to client finalising the matter - Section 21 agreement
- Letter to client finalising the matter - Section 21A agreement
- Letter to superannuation fund following orders
- Example invoice
- Invoice recital - Relationship property agreements
- Closing the file
- File closing checklist
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This publication guides practitioners through dissolution, relationship property agreements, relationship property division, and parenting arrangements.

Overview

Precedents in this publication include:

4 Matter Plans Included

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