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Couples Agreement

Couples Agreement Template for New Zealand

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Key Requirements PROMPT example:

Couples Agreement

"I need a Couples Agreement drafted for a couple planning to marry in March 2025, where one partner owns multiple businesses in New Zealand and Australia, and the other partner has significant inherited assets that need to be protected."

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Document background
A Couples Agreement is a crucial legal document for couples in New Zealand who wish to establish clear terms regarding their property rights and financial arrangements, either before or during their relationship. This type of agreement, governed by the Property (Relationships) Act 1976, allows parties to contract out of the default statutory regime and create their own arrangements for property division. It's particularly important for individuals with significant assets, business interests, anticipated inheritances, or those entering second marriages. The agreement must meet strict legal requirements including independent legal advice for both parties, full financial disclosure, and proper certification. It can cover various aspects including property classification, asset division, debt allocation, business interests, and inheritance rights. The document serves as a preventive measure against future disputes and provides clarity and certainty for both parties regarding their financial and property arrangements.
Suggested Sections

1. Parties: Identifies and defines the parties entering into the agreement, including full legal names and addresses

2. Background: Sets out the context of the agreement, including the nature of the relationship and intention to marry/cohabit

3. Definitions: Defines key terms used throughout the agreement, including 'relationship property', 'separate property', and other relevant terms

4. Purpose and Intentions: States the parties' intentions in entering the agreement and their desire to contract out of the Property (Relationships) Act 1976

5. Acknowledgments: Confirms that each party has received independent legal advice and understands their rights

6. Property Classification: Defines how property is to be classified (relationship vs. separate) during the relationship

7. Property Division Rules: Specifies how property will be divided in the event of separation or death

8. Disclosure Obligations: Details the nature and extent of financial disclosure made by each party

9. Relationship Debts: Addresses how debts and liabilities will be handled during and after the relationship

10. Variation of Agreement: Specifies how the agreement can be modified in the future

11. Severability: Provides that if any provision is found to be invalid, the remainder of the agreement remains effective

12. Execution: Contains the signing provisions and requirements for valid execution under Section 21F of the Act

Optional Sections

1. Business Interests: Used when either party has business interests to protect, specifying how business assets and income will be treated

2. Inheritance and Gifts: Used when parties want to specifically protect inherited or gifted assets

3. Children's Provisions: Used when there are existing children or likely future children, though noting these provisions are subject to court oversight

4. Family Trust Provisions: Used when either party has interests in family trusts that need protection

5. Overseas Assets: Used when either party has significant assets in other jurisdictions

6. Intellectual Property: Used when either party has significant intellectual property rights to protect

7. Life Insurance: Used when parties want to specify requirements for life insurance coverage

8. Retirement Savings: Used when parties want to specifically address KiwiSaver or other retirement savings

9. Pets and Animals: Used when parties want to address ownership and care of pets in the event of separation

Suggested Schedules

1. Schedule 1 - Schedule of Assets and Liabilities: Comprehensive list of all assets and liabilities of both parties at the time of the agreement

2. Schedule 2 - Certificates of Independent Legal Advice: Statutory certificates from each party's lawyer confirming independent legal advice

3. Schedule 3 - Property Valuations: Professional valuations of significant assets mentioned in the agreement

4. Schedule 4 - Financial Disclosure: Detailed financial statements and documents evidencing the parties' financial positions

5. Appendix A - Relevant Corporate Documents: Copies of relevant company documents if business interests are involved

6. Appendix B - Trust Deeds: Copies of relevant trust deeds if trust interests are involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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