Use a Separation Agreement if you and your spouse agree on the terms of your separation and want to avoid litigation. If you don’t agree, you may have to pursue separation in New Zealand’s family court. However, creating a Separation Agreement without the involvement of the court is often cheaper and less stressful.
In New Zealand, creating a Separation Agreement on your own is an alternative to a separation order, which the family court administers. A separation order legally declares that you separated on a specific date, but doesn’t include information about the care of your children or division of relationship property.
If you and your spouse decide to separate, you must try to resolve child custody arrangements yourselves. If you can’t reach an agreement, you must follow a prescribed process before you can pursue a court-ordered solution. First, you must complete a course about parenting through separation, then you have to try mediation. If you still cannot agree on the terms of child custody after taking these steps, you can apply to the family court to make a custody order.