18 August 2021 | COVID Update

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In line with Ministry of Health guidance, our staff are currently working remotely. They remain available to assist and it is business as usual. However, we ask that wherever possible you contact us online or by email to casemanager@fdrc.co.nz

If you need to courier documents, please contact our case management staff in the first instance to confirm the appropriate delivery details.

For updated guidance from the Ministry of Justice on shared care of children during COVID-19 alert levels please click here

He waka eke noa.

Model Clause (for deeds of trust and prenuptial agreements)

If you are drafting a deed of trust or prenuptial agreement, you should consider what mechanism might assist should something go wrong.

By including a model clause or agreement to arbitrate any dispute arising under that deed or agreement under the FDR Centre Arb-Med Rules, you can minimise the time, cost, and stress of resolving that dispute in the future.

The following arbitration (arb-med) clause should be included in a deed of trust or prenuptial agreement where the parties wish to have any future disputes resolved by Family Law Arb-Med under the FDR Centre Family Law Arb-Med Rules:

 

ARBITRATION (ARB-MED) AGREEMENT

Any dispute or difference arising out of or in connection with this [deed of trust/prenuptial agreement (delete one)], or the subject matter of this [deed of trust/prenuptial agreement (delete one)], including any question about its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Family Law Arb-Med Rules of the Family Dispute Resolution Centre (FDR Centre).

 

First Party Second Party
Signature:   Signature:  
       
Name:   Name:  
       
       
I,   I,  
Barrister / Barrister and Solicitor of the High Court of New Zealand certify that, before signing this Arbitration (Arb-Med) Agreement, Barrister / Barrister and Solicitor of the High Court of New Zealand certify that, before signing this Arbitration (Arb-Med) Agreement,
     
received independent legal advice as to its effect and implications. received independent legal advice as to its effect and implications.
   
Signature:   Signature:  
       
Date:   Date:  

NOTES:

  1. Your Lawyer must witness this Arbitration (Arb-Med) Agreement.
  2. Parties to an existing dispute who have not incorporated the FDR Centre Family Law Arbitration (Arb-Med) Model Clause into a prior agreement may agree to refer that dispute to Arb-Med under these Rules by signing the Family Law Arb-Med Agreement at Appendix 2 to the Family Law Arb-Med Rules.