Civil Partnership Prenup Template for New Zealand

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Key Requirements PROMPT example:

Civil Partnership Prenup

"I need a Civil Partnership Prenup for a technology startup founder with significant intellectual property assets and potential future company shares, who is entering into a civil union in March 2025; the agreement needs to specifically protect current and future business interests while ensuring fair provisions for shared living expenses."

Document background
This Civil Partnership Prenup is essential for couples entering into a civil union in New Zealand who wish to establish clear legal arrangements regarding their property and financial affairs. The document is designed to comply with the Property (Relationships) Act 1976 and Civil Union Act 2004, providing a framework for managing both separate and relationship property. It becomes particularly relevant for partners with significant assets, business interests, or complex financial arrangements. The agreement must be executed before the civil union ceremony and requires both parties to receive independent legal advice. It typically includes comprehensive schedules of assets and liabilities, certificates of independent legal advice, and can be customized to address specific circumstances such as overseas assets, family trusts, or business interests.
Suggested Sections

1. Parties: Identification of both parties entering into the agreement, including full legal names, occupations, and addresses

2. Background: Context of the agreement, including the intended civil partnership and acknowledgment of entering into a contracting out agreement under the Property (Relationships) Act 1976

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

4. Independent Legal Advice: Confirmation that both parties have received independent legal advice and understand their rights

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

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

7. Financial Obligations: Overview of how shared expenses and financial responsibilities will be managed during the relationship

8. Separation Provisions: Terms governing property division and financial arrangements in case of separation

9. Death Provisions: Arrangements in the event of death of either party

10. Variation of Agreement: Process for modifying the agreement in the future

11. Severability: Clause ensuring that if any provision is found invalid, the rest of the agreement remains effective

12. Governing Law: Confirmation that the agreement is governed by New Zealand law

Optional Sections

1. Future Property Acquisitions: Provisions for how property acquired during the relationship will be classified and handled

2. Business Interests: Specific provisions for existing or future business interests of either party

3. Inheritance and Gifts: Special provisions for inherited assets or gifts received during the relationship

4. Overseas Assets: Provisions dealing with assets located in other jurisdictions

5. Debt Management: Specific provisions about existing or future debts and liabilities

6. Children: Provisions regarding financial arrangements for existing or future children

7. Family Trust Interests: Provisions dealing with family trust interests of either party

8. Intellectual Property: Provisions regarding intellectual property rights owned by either party

Suggested Schedules

1. Schedule A - Assets and Liabilities of First Party: Detailed list of all assets and liabilities of the first party at the time of agreement

2. Schedule B - Assets and Liabilities of Second Party: Detailed list of all assets and liabilities of the second party at the time of agreement

3. Schedule C - Certificates of Independent Legal Advice: Signed certificates from each party's lawyer confirming independent legal advice was given

4. Schedule D - Valuation Reports: Professional valuations of significant assets mentioned in the agreement

5. Schedule E - Family Trust Deeds: Copies of relevant family trust deeds if applicable

6. Appendix 1 - Financial Disclosures: Detailed financial disclosures from both parties including income, investments, and financial interests

Authors

Alex Denne

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

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