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Mid Nuptial Agreement

Mid Nuptial Agreement Template for New Zealand

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Key Requirements PROMPT example:

Mid Nuptial Agreement

"I need a Mid Nuptial Agreement to protect my newly established tech startup and expected inheritance from my grandmother, while ensuring fair treatment of our shared matrimonial home purchased in January 2025."

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Document background
A Mid Nuptial Agreement is a legal document used by married couples in New Zealand who wish to formally agree on how their property and financial affairs should be managed during marriage and divided if their relationship ends. Unlike prenuptial agreements, these are created after marriage has taken place. The agreement must strictly comply with the Property (Relationships) Act 1976, including requirements for independent legal advice and full asset disclosure. It's particularly useful for couples who have acquired significant assets, received inheritances, started businesses, or experienced major financial changes during their marriage. The agreement can protect business interests, inherited property, and separate assets while establishing clear rules for relationship property. Common triggers for creating a Mid Nuptial Agreement include business ventures, inheritances, property purchases, or simply a desire to provide clarity and certainty around financial matters.
Suggested Sections

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

2. Background: States the marriage date, purpose of the agreement, and acknowledgment of existing relationship

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

4. Interpretation: Sets out rules for interpreting the agreement, including general principles and statutory references

5. Acknowledgments: Confirms both parties have received independent legal advice, understand their rights, and have made full disclosure

6. Classification of Property: Defines how existing and future property is to be classified (relationship vs separate property)

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

8. Relationship Property: Details the treatment of property acquired during the relationship

9. Separate Property: Identifies and protects assets that will remain separate property

10. Debts and Liabilities: Addresses responsibility for existing and future debts

11. General Provisions: Includes severability, amendments, governing law, and other standard clauses

12. Execution: Signing provisions and certification by lawyers

Optional Sections

1. Business Interests: Used when either party owns business interests that need protection or special treatment

2. Inheritance and Gifts: Included when there are specific provisions for inherited assets or expected future inheritances

3. Family Trust Provisions: Required when either party has interests in family trusts that need addressing

4. Matrimonial Home: Special provisions for the family home, particularly if owned by one party before the relationship

5. Superannuation and Investments: Detailed treatment of retirement savings and investment portfolios

6. Life Insurance: Provisions regarding life insurance policies and beneficiary arrangements

7. Children's Provisions: Used when there are specific financial arrangements for existing or future children

8. International Assets: Required when parties have assets in multiple jurisdictions

9. Future Property Acquisitions: Special rules for property to be acquired in the future

10. Review Mechanism: Provisions for periodic review or automatic review upon specific triggers

Suggested Schedules

1. Schedule 1 - Assets and Liabilities of First Party: Comprehensive list of first party's assets and liabilities at the time of agreement

2. Schedule 2 - Assets and Liabilities of Second Party: Comprehensive list of second party's assets and liabilities at the time of agreement

3. Schedule 3 - Relationship Property: Detailed list of all property agreed to be relationship property

4. Schedule 4 - Separate Property: Detailed list of all property agreed to be separate property

5. Schedule 5 - Business Assets: Detailed description of business interests and their agreed treatment

6. Appendix A - Certificates of Independent Legal Advice: Signed certificates from each party's lawyer confirming independent legal advice

7. Appendix B - Valuations: Professional valuations of significant assets

8. Appendix C - Supporting Documents: Copies of relevant documents referenced in the agreement

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Relationship Property
Separate Property
Marriage
Separation Date
Matrimonial Home
Family Chattels
Income
Business Assets
Trust Property
Inheritance
Gift
Financial Resources
Relationship Debt
Personal Debt
Property
Effective Date
Independent Legal Advice
Market Value
Matrimonial Property
Working Day
Child
Dependent
De Facto Relationship
Financial Advantage
Future Property
Intellectual Property
Joint Property
Liabilities
Parties
Professional Practice
Relationship
Superannuation
Valuation Date
Will
Clauses
Acknowledgment and Understanding
Asset Classification
Asset Disclosure
Capital Gains
Certification
Confidentiality
Debt Allocation
Default
Disputes Resolution
Division of Property
Duration
Entire Agreement
Future Property
Governing Law
Independent Legal Advice
Inheritance Rights
Insurance
Interpretation
Jurisdiction
Legal Costs
Modification
Notice
Property Rights
Release and Waiver
Relationship Property
Review and Amendment
Separate Property
Severability
Succession Rights
Survival
Termination
Trust Arrangements
Variation
Voluntary Execution
Warranties and Representations
Relevant Industries

Legal Services

Family Law

Wealth Management

Private Banking

Financial Advisory

Property Services

Professional Services

Estate Planning

Relevant Teams

Legal

Private Client Services

Wealth Management

Family Law

Estate Planning

Property Law

Client Advisory

Document Services

Relevant Roles

Family Lawyer

Legal Partner

Private Client Advisor

Wealth Manager

Estate Planning Attorney

Legal Associate

Property Lawyer

Financial Advisor

Private Banker

Trust and Estate Practitioner

Relationship Manager

Legal Counsel

Conveyancing Lawyer

Industries
Property (Relationships) Act 1976: Primary legislation governing relationship property division in New Zealand. Sections 21A-21P specifically deal with relationship property agreements, including requirements for validity such as independent legal advice and proper disclosure.
Family Proceedings Act 1980: Deals with matrimonial proceedings and related matters. Relevant for understanding the broader legal context of matrimonial relationships and potential future proceedings.
Contract and Commercial Law Act 2017: Contains general principles of contract law that apply to the agreement, including requirements for formation, interpretation, and enforcement of contracts.
Care of Children Act 2004: May be relevant if the agreement includes provisions relating to children, though note that courts retain ultimate discretion in matters affecting children's welfare.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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