Prenuptial Agreement for New Zealand

Prenuptial Agreement Template for New Zealand

A New Zealand prenuptial agreement is a legally binding contract entered into by couples before marriage or civil union, governed by the Property (Relationships) Act 1976. This agreement allows couples to contract out of the equal sharing regime under New Zealand law and establish their own arrangements for property division in case of relationship dissolution. The document must meet strict legal requirements, including independent legal advice for both parties, full disclosure of assets and liabilities, and proper execution in accordance with New Zealand law. It typically covers classification and division of both current and future property, debt arrangements, and may include provisions for specific assets, businesses, or cultural property.

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What is a Prenuptial Agreement?

This Prenuptial Agreement template is designed for use in New Zealand jurisdiction, complying with the Property (Relationships) Act 1976 and related legislation. It is intended for couples planning to marry or enter into a civil union who wish to establish clear agreements about property ownership and division that differ from the default equal sharing regime under New Zealand law. The document should be used before marriage/civil union and requires both parties to receive independent legal advice. It typically includes comprehensive details about existing assets, liabilities, future property treatment, inheritance expectations, and business interests. The agreement must be properly executed with certificates from independent lawyers to be legally valid. Common scenarios for its use include situations where parties enter the relationship with significant assets, business interests, expected inheritances, or wish to protect specific property rights.

What sections should be included in a Prenuptial Agreement?

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

2. Background: Context of the agreement, including the intended marriage/civil union date and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement, including 'separate property', 'relationship property', and other relevant terms

4. Independent Legal Advice: Confirmation that both parties have received independent legal advice, including solicitor certificates

5. Property Classification: Classification of existing property as separate or relationship property

6. Future Property: Provisions for classification and division of property acquired after marriage

7. Property Division Rules: Rules for division of property in case of separation or dissolution

8. Relationship Debts: Treatment of existing and future debts and liabilities

9. General Provisions: Standard clauses including severability, entire agreement, and governing law

10. Execution: Signing provisions and witness requirements

What sections are optional to include in a Prenuptial Agreement?

1. Children's Interests: Provisions regarding existing children or future children's interests - include when either party has existing children or specific provisions for future children are desired

2. Business Interests: Specific provisions for business assets and operation - include when either party owns a business or has significant business interests

3. Trust Property: Provisions relating to trust interests - include when either party has trust interests or anticipates receiving trust property

4. Inheritance: Provisions for expected inheritances - include when significant inheritances are anticipated

5. International Assets: Provisions for overseas property and application of foreign laws - include when either party has international assets

6. Spousal Maintenance: Provisions regarding future spousal maintenance - include when parties wish to address potential maintenance obligations

7. Death Provisions: Provisions for property division upon death - include when parties want to address property rights that survive death

8. Cultural Property: Provisions for taonga or cultural property - include when Māori or other cultural property is involved

What schedules should be included in a Prenuptial Agreement?

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

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

3. Schedule C - Joint Assets and Liabilities: List of any existing joint assets and liabilities

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

5. Schedule E - Solicitor Certificates: Certificates of independent legal advice from both parties' solicitors

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 documents, or property titles

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

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Financial Services

Private Wealth Management

Family Law

Real Estate

Professional Services

Trust Services

Business Advisory

Marriage Services

Relevant Teams

Legal

Private Client Services

Document Processing

Family Law

Wealth Management

Property Law

Client Advisory

Estate Planning

Relationship Property

Relevant Roles

Family Lawyer

Legal Partner

Private Wealth Manager

Estate Planning Attorney

Financial Advisor

Legal Associate

Trust Manager

Property Lawyer

Business Advisory Consultant

Relationship Property Specialist

Legal Document Specialist

Notary Public

Family Court Registrar

Industries
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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