Auckland Justices of the Peace Association
Training

Separation Agreements

Sue Furness

When a client brings a Separation Agreement and a request that a JP witness their signature on the document a JP MUST NOT witness their signature. Why?

A Separation Agreement falls under the Property Relationships Act 1976 which specifies what happens to property when a relationship (either marriage, civil union or de facto of at least 3 years duration) ends, either by separation or death of one partner. A Separation Agreement may also include arrangements for the care of children and/or pets.

To be valid a Separation Agreement has to follow the form required by the Property (Relationships) Act:

  • it has to be in writing and signed by each partner in the relationship
  • each partner must have had independent legal advice, and
  • each of their signatures must be witnessed by a lawyer, and
  • the lawyer who witnesses their signature has to certify that they have explained to their client about the effect and implications of the agreement.

NOTE: Enduring Power of Attorney is another document covered by specific legislation (Protection of Personal and Property Rights Act 1988) which determines who can witness a donor’s signature (NOT a JP).