Matrimonial Agreement Template for New Zealand

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Key Requirements PROMPT example:

Matrimonial Agreement

"I need a Matrimonial Agreement for a couple where one party owns multiple businesses in New Zealand and wants to protect these assets, while the other party has significant expected inheritances from overseas that need to be addressed."

Document background
A Matrimonial Agreement (also known as a Prenuptial Agreement or Contracting Out Agreement in New Zealand) is essential for couples who wish to opt out of the default property division regime under the Property (Relationships) Act 1976. This document is particularly relevant for parties entering marriage or civil unions who want to protect existing assets, manage business interests, or establish clear financial arrangements. It must be drafted in compliance with New Zealand law, requiring independent legal advice for both parties and full disclosure of assets and liabilities. The agreement typically covers classification of separate and relationship property, treatment of future acquisitions, debt allocation, and arrangements for potential separation or death. It's commonly used by couples where one or both parties have significant assets, business interests, expected inheritances, or children from previous relationships.
Suggested Sections

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

2. Background: Context of the agreement, including the intention to marry or existing marriage status, and general purpose of the agreement

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

4. Duration and Effect: When the agreement takes effect and how long it remains valid

5. Separate Property: Detailed listing and classification of assets and liabilities that will remain separate property of each party

6. Relationship Property: Classification and treatment of property acquired during the relationship or designated as relationship property

7. Future Property: Treatment of property acquired after the agreement is signed

8. Debts and Liabilities: How existing and future debts will be handled and allocated

9. Death of a Party: Property division and arrangements in the event of death

10. Separation: Property division and arrangements in the event of separation

11. General Provisions: Standard clauses including severability, entire agreement, and amendments

12. Execution: Signing requirements and certification by lawyers

Optional Sections

1. Business Interests: Specific provisions for handling business assets and income - include when either party owns or is likely to own a business

2. Inheritance and Gifts: Special provisions for inherited assets or anticipated inheritances - include when significant inheritances are expected

3. Children's Provisions: Arrangements for existing children's financial support - include when parties have children from previous relationships

4. Family Trust Provisions: Handling of trust assets and income - include when either party has trust interests

5. Overseas Assets: Special provisions for international property - include when parties have assets in multiple jurisdictions

6. Intellectual Property: Provisions for IP rights and income - include for parties with significant IP portfolios

7. Retirement Benefits: Treatment of superannuation and pension rights - include for parties with significant retirement assets

Suggested Schedules

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

2. Schedule 2: Separate Property Register: Detailed inventory of items classified as separate property for each party

3. Schedule 3: Relationship Property Register: Detailed inventory of items classified as relationship property

4. Schedule 4: Valuation Reports: Professional valuations of significant assets

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

6. Appendix B: Supporting Documents: Copies of relevant documents such as trust deeds, business valuations, 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

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