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Financial Prenuptial Agreement

Financial Prenuptial Agreement Template for New Zealand

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Key Requirements PROMPT example:

Financial Prenuptial Agreement

"I need a Financial Prenuptial Agreement under New Zealand law for a couple where one party owns multiple businesses and significant overseas assets, and the other party has substantial trust interests; the agreement needs to be completed before their wedding in March 2025."

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Document background
A Financial Prenuptial Agreement is a crucial document for couples planning to marry or enter into a civil union in New Zealand who wish to establish clear financial arrangements different from the default provisions of the Property (Relationships) Act 1976. This document is particularly important for individuals bringing significant assets into the relationship, those with business interests, expected inheritances, or complex financial arrangements. The agreement must comply with New Zealand legal requirements, including mandatory independent legal advice for both parties and full financial disclosure. It typically includes comprehensive details of both parties' assets and liabilities, provisions for property division during the relationship and upon separation or death, and may address future acquisitions, business interests, and trust arrangements. The document serves as a legally binding contract that provides certainty and protection for both parties' financial interests.
Suggested Sections

1. Parties: Identification and details of both parties entering into the agreement

2. Background: States the parties' intention to marry/enter civil union, their desire to contract out of the Property (Relationships) Act 1976, and confirmation of independent legal advice

3. Definitions: Defines key terms used throughout the agreement including Relationship Property, Separate Property, and other relevant terms

4. Purpose and Intent: Clear statement of the agreement's purpose and the parties' intention to create a binding agreement under Section 21 of the Property (Relationships) Act

5. Disclosure of Assets and Liabilities: Statement confirming full disclosure has been made by both parties

6. Separate Property: Detailed provisions regarding property that will remain separate property of each party

7. Relationship Property: Provisions regarding property that will be considered relationship property and how it will be dealt with

8. Future Property Acquisitions: Provisions for how property acquired during the relationship will be classified and dealt with

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

10. Separation Provisions: Details of property division in case of separation

11. Death Provisions: Provisions for property division in the event of death of either party

12. General Provisions: Including severability, governing law, amendments, and other standard clauses

13. Execution: Signing provisions including independent legal advice certificates

Optional Sections

1. Business Assets: Specific provisions for business assets and future business ventures - include when either party owns or may establish a business

2. Inheritance and Gifts: Specific provisions for inherited assets or expected inheritances - include when significant inheritances are expected

3. Children's Provisions: Provisions relating to existing children's interests or future children - include when either party has children from previous relationships

4. Trust Interests: Provisions relating to trust interests - include when either party has trust interests

5. Overseas Assets: Specific provisions for overseas assets - include when either party has international property or investments

6. Spousal Maintenance: Provisions regarding future spousal maintenance - include when there is significant income disparity

7. Retirement Provisions: Specific provisions for retirement savings and superannuation - include when significant retirement assets exist

8. Review Mechanisms: Provisions for periodic review of the agreement - include for longer-term relationships or significant assets

Suggested Schedules

1. Schedule A - Party 1's Assets and Liabilities: Detailed list of Party 1's assets and liabilities at the time of agreement

2. Schedule B - Party 2's Assets and Liabilities: Detailed list of Party 2's assets and liabilities at the time of agreement

3. Schedule C - Relationship Property: List of any existing relationship property at the time of agreement

4. Schedule D - Certificate of Independent Legal Advice - Party 1: Solicitor's certificate confirming independent legal advice for Party 1

5. Schedule E - Certificate of Independent Legal Advice - Party 2: Solicitor's certificate confirming independent legal advice for Party 2

6. Appendix 1 - Valuations: Professional valuations of significant assets (if applicable)

7. Appendix 2 - Supporting Documents: Copies of relevant documents such as trust deeds, business valuations, or property titles

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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