We’re separating – do we need independent lawyers?

If you want any agreement as to property division to be binding then the answer is yes.

Our law says that for an agreement as to the division of relationship property to be enforceable then you each must have your own independent lawyers. In order for any Separation and Relationship Property Agreement to be valid it must comply with the following four requirements:

• It must be in writing and signed by both parties.
• Each party to the Agreement must have independent legal advice before signing the Agreement.
• The signature of each party of the Agreement must be witnessed by a lawyer.
• The lawyer who witnesses the signature of a party must certify that, before that party signs the Agreement, the lawyer explained to that party the effect and implications of the Agreement.

The purpose of these requirements is to ensure that both parties know what they are gaining and/or losing by agreeing to a settlement that divides their property.

If you would like further information on any separation matter or other family law matter, contact us on 04 473 6850.

Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.