Legal Project Management Plan & Checklist
Purpose of this Guide: 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.
Family Court of New Zealand. Set-aside applications are heard under the national jurisdiction of the Family Court.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | |||
The Process at a Glance: The process starts with retrieving and auditing the agreement to check s 21F validation compliance (signatures, independent legal advice, certifications). The lawyer compiles evidence of procedural unfairness (such as coercion or pressure), gathers financial documents proving lack of disclosure, and documents unforeseen changes since execution. The lawyer drafts the s 21J application and supporting affidavit, filing them via Te Au Reka concurrently with substantive property claims. Service is executed personally on the respondent.
Key Legislation and Case Law: Property (Relationships) Act 1976 (NZ) - s 21 (agreements), s 21F (validation requirements), s 21J (court power to set aside for serious injustice), s 21J(4) (court evaluation factors). Key cases: [Harrison v Harrison [2005] 2 NZLR 349](https://www.courtsofnz.govt.nz/) on procedural unfairness and inequality of outcome; [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. NZ Legislation: Property (Relationships) Act 1976 Section 21J.
* 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) - Set Aside Separation Agreement - Section 21J Pathway 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.
| 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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