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Nuptial Agreement After Marriage

Nuptial Agreement After Marriage Template for New Zealand

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Key Requirements PROMPT example:

Nuptial Agreement After Marriage

"I need a Nuptial Agreement After Marriage to protect my recently inherited family business and establish clear separation between my business assets and our relationship property, while ensuring fair provisions for our family home purchased in January 2025."

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Document background
A Nuptial Agreement After Marriage (post-nuptial agreement) is a crucial legal document used in New Zealand when married couples wish to formally arrange their property and financial affairs differently from the default provisions of the Property (Relationships) Act 1976. This type of agreement is particularly relevant when there are significant changes in financial circumstances after marriage, inheritance received, business interests to protect, or when couples want to provide certainty about their property arrangements. The agreement must comply with strict legal requirements under New Zealand law, including full financial disclosure, independent legal advice for both parties, and proper certification. It can cover existing and future property, debts, business interests, and make provisions for various scenarios including separation or death.
Suggested Sections

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

2. Background: Outlines the context of the agreement, including date of marriage, reason for the agreement, and acknowledgment of existing relationship property

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation

4. Purpose of Agreement: States the intended purpose and effect of the agreement under the Property (Relationships) Act 1976

5. Disclosure of Assets and Liabilities: Confirms that both parties have made full disclosure of their financial positions

6. Separate Property: Identifies and confirms property that will remain separate property of each party

7. Relationship Property: Defines what constitutes relationship property and how it will be dealt with

8. Future Property: Addresses how property acquired after the agreement will be classified and dealt with

9. Relationship Debts: Specifies how existing and future debts will be handled

10. Death of a Party: Provisions for property division in the event of death

11. Separation: Provisions for property division in the event of separation

12. Independent Legal Advice: Acknowledgment that both parties have received independent legal advice

13. Execution and Effect: Details about how and when the agreement takes effect

Optional Sections

1. Business Assets: Additional provisions for handling business interests, used when either party owns or has interests in business entities

2. Trust Property: Provisions relating to trust property and interests, included when either party has trust arrangements

3. Inheritance and Gifts: Specific provisions for inherited assets or gifts, used when parties want to protect specific inherited or gifted property

4. Overseas Property: Provisions for property located outside New Zealand, included when parties have international assets

5. Children's Interests: Provisions relating to property held for children's benefit, used when there are children from current or previous relationships

6. Spousal Maintenance: Provisions regarding ongoing financial support, included when parties want to address maintenance rights

7. Family Home: Specific provisions for the family home, used when parties want special arrangements for their primary residence

8. Retirement Benefits: Provisions for superannuation and retirement accounts, included when parties have significant retirement assets

Suggested Schedules

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

2. Schedule 2: Separate Property: Detailed inventory of property agreed to be separate property of each party

3. Schedule 3: Relationship Property: Detailed inventory of property agreed to be relationship property

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

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

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

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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