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Pre-seed Angel investment agreement
I need a pre-seed angel investment agreement for an early-stage startup seeking initial funding from an individual investor, outlining the investment amount, equity percentage, and basic terms of the investment, including a simple cap table and a clause for future funding rounds.
What is a Prenuptial Agreement?
A Prenuptial Agreement, commonly called a "prenup" in New Zealand, is a legal contract couples make before getting married. It sets out how they'll handle their property, assets, and finances both during marriage and if they separate later. Under the Property (Relationships) Act 1976, these agreements help partners protect their individual assets and clearly define what they'll consider relationship property.
To be legally binding in NZ, both partners must get independent legal advice before signing, and the agreement needs to be in writing with proper witnesses. Couples often use prenups to protect business interests, family inheritances, or assets they owned before the relationship, giving them peace of mind as they enter marriage.
When should you use a Prenuptial Agreement?
Consider a Prenuptial Agreement when you're planning to marry and have significant assets to protect. This is especially important if you own a business, expect a large inheritance, or have substantial savings before marriage. In New Zealand, the Property (Relationships) Act automatically splits relationship property 50/50 after three years together - a prenup lets you create different arrangements that work better for your situation.
It's particularly valuable if you're entering a second marriage, have children from previous relationships, or want to protect family trusts or farming assets. Getting the agreement in place well before the wedding is crucial - last-minute prenups can be challenged in court for being signed under pressure.
What are the different types of Prenuptial Agreement?
- Post Prenuptial Agreement: Made after marriage to adjust property arrangements, requires strict compliance with legal safeguards
- Inheritance Prenup: Specifically protects inherited assets and family wealth from relationship property division
- Common Law Marriage Prenup: Designed for de facto relationships, addressing property rights under NZ law
- Cheap Prenuptial Agreement: Basic template covering essential property division, suitable for simple asset situations
Who should typically use a Prenuptial Agreement?
- Engaged Couples: Future spouses who want to protect their individual assets and set clear financial expectations before marriage
- Family Lawyers: Provide independent legal advice to each party and ensure the agreement meets NZ legal requirements
- Business Owners: Protect their company interests and shareholdings from potential relationship property claims
- Trust Beneficiaries: Safeguard their current or future trust interests from relationship property division
- Witnesses: Usually lawyers who certify that proper legal advice was given and the agreement was signed voluntarily
How do you write a Prenuptial Agreement?
- Asset List: Compile a detailed inventory of both parties' assets, debts, income sources, and expected inheritances
- Relationship History: Document when the relationship began and any prior marriages or children
- Financial Goals: Outline shared financial objectives and how property will be handled during marriage
- Legal Requirements: Each party must seek independent legal advice before signing
- Timing: Start drafting at least 3 months before the wedding to avoid claims of pressure or duress
- Documentation: Gather proof of asset ownership, business valuations, and trust documents
What should be included in a Prenuptial Agreement?
- Full Disclosure: Complete list of each party's assets, liabilities, and financial circumstances
- Property Classification: Clear definition of separate and relationship property under the Property (Relationships) Act
- Division Rules: Specific terms for how property will be divided if the relationship ends
- Legal Certification: Signatures of both parties and their independent lawyers
- Relationship Details: Names, dates, and nature of relationship
- Future Assets: Treatment of inheritance, gifts, and property acquired during marriage
- Fairness Statement: Confirmation that the agreement isn't unfair or unreasonable
What's the difference between a Prenuptial Agreement and a Business Acquisition Agreement?
A Prenuptial Agreement differs significantly from a Business Acquisition Agreement, though both deal with asset protection and ownership rights. While prenups focus on personal relationship property, Business Acquisition Agreements handle the sale and transfer of commercial enterprises.
- Timing and Duration: Prenups are made before marriage and last throughout the relationship, while Business Acquisition Agreements are one-time transactions
- Parties Involved: Prenups are between romantic partners, whereas Business Acquisition Agreements involve buyers, sellers, and often shareholders
- Asset Scope: Prenups cover personal and relationship property, while Business Acquisition Agreements focus on company assets, intellectual property, and commercial liabilities
- Legal Framework: Prenups operate under the Property (Relationships) Act, while Business Acquisition Agreements fall under commercial and corporate law
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