We are getting a separation, do we need a court order?
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We are getting a separation, do we need a court order?

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27.07.2026

We agree on most things and want to avoid the cost of a court battle. Do we need to go to court to formalise a separation, or can we just sign something between ourselves? What paperwork protects us both?

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31.07.2026
reply date: 31.07.2026

There is no formal legal step called separation in New Zealand, and you can agree to live apart without any court order. However, to protect yourselves, it is wise to record any agreement about relationship property, care of children and financial support in writing. A relationship property agreement should comply with sections 21A and 21F of the Property (Relationships) Act 1976 to be binding, which require it to be in writing, signed by both parties, with each party receiving independent legal advice and the lawyer certifying it. Agreements about children are not automatically enforceable, but you can ask the Family Court to make a consent order for parenting arrangements. Start mediation if needed, and keep your dissolution application until you have lived apart for two years.

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