Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client wants to divide relationship property after separating from a spouse, civil union partner, or de facto partner in New Zealand. This plan helps family law practitioners guide the applicant through the entire legal process of dividing assets, debts, the family home, and chattels. It covers the initial advice and verification of relationship details, mandatory financial disclosure, alternative dispute resolution, filing court applications, executing service, and completing post-settlement transfers.
Jurisdiction: Family Court of New Zealand. Relationship property disputes are resolved under the national jurisdiction of the Family Court, with appeals going to the High Court of New Zealand.
The Process at a Glance: The process starts with client onboarding, conflict checks, and verifying the date of separation to calculate critical statutory deadlines. Spouses or partners then exchange comprehensive financial disclosures in good faith to compile the joint asset pool. If negotiations fail to produce a certified separation agreement, the applicant files an initiating document package in the Family Court and executes personal service on the respondent. Counsel attend judicial case management conferences, conduct interlocutory discovery if assets are hidden, and participate in a judicial settlement conference. If a settlement is not reached, the matter proceeds to a substantive trial for a final judge-led division.
Use this plan when a client seeks division of relationship property after a de facto relationship of short duration (less than three years) in New Zealand. This guide assists the practitioner in assessing whether the client qualifies for property division under the restrictive statutory gateway of section 14A, preparing the evidentiary record, drafting claims, and filing applications to prevent serious injustice.
Use this plan when a client wants to file a relationship property claim in New Zealand after the statutory limitation period has expired. This guide helps family law practitioners navigate the interlocutory process of applying for court leave under section 24(2) of the Property (Relationships) Act 1976 (NZ), detailing how to prove delay reasons, establish lack of prejudice, and demonstrate serious injustice.
Use this plan when a client in New Zealand wants to challenge and set aside an existing separation or contracting-out agreement. This guide assists family law practitioners in auditing section 21F formal requirements, compiling evidence of procedural unfairness, non-disclosure, or unforeseen changes, and filing applications to set aside agreements under the section 21J serious injustice threshold.
Key Legislation and Case Law: Property (Relationships) Act 1976 (NZ) - s 1N (guiding principles), s 2D (de facto relationship factors), s 2G (valuation date), s 8 (relationship property scope), s 9 (separate property), s 9A (separate property value increases), s 10 (intermingling rules), s 11 (presumption of equal sharing of the family home, chattels, and relationship property), s 13 (exceptions to equal sharing), s 14 (short duration marriages), s 14A (short duration de facto relationships), s 15 (court's power to award compensation for economic disparity), s 21 (contracting out and separation agreements), s 21F (formal validation requirements), s 21J (serious injustice set-aside power), s 24 (limitation periods), s 44 (transfers to defeat claims), s 44C (transfers to trusts). Family Court Rules 2002 - Rule 392 and Rule 398 (Form PR1 assets affidavit requirement). Key cases: [Harrison v Harrison [2005] 2 NZLR 349](https://www.courtsofnz.govt.nz/) on process unfairness and serious injustice; [Tracey v Tracey [2024] NZHC 3960](https://www.courtsofnz.govt.nz/), where the High Court dismissed an appeal against a Family Court decision setting an agreement aside for serious injustice; [Clark v Sims [2004] 2 NZLR 501](https://www.courtsofnz.govt.nz/) on the serious injustice threshold for setting an agreement aside; [Gosbee v Gosbee [2020] NZHC 1001](https://www.courtsofnz.govt.nz/) on economic disparity apportionment. NZ Legislation database: Property (Relationships) Act 1976. Ministry of Justice: Family Court Property Division.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Relationship Property Division (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
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