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Post Nup Agreement

Post Nup Agreement Template for New Zealand

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Key Requirements PROMPT example:

Post Nup Agreement

"I need a Post Nup Agreement to protect my recently inherited property and growing business interests, while ensuring fair treatment of future acquired assets with my spouse who runs their own consulting practice."

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Document background
Post Nuptial Agreements are utilized in New Zealand when married couples wish to establish clear terms regarding their property rights and financial arrangements after their marriage has already taken place. This type of agreement is particularly relevant when there have been significant changes in financial circumstances, inheritance, business success, or when couples want to modify their property arrangements for estate planning purposes. The agreement must comply with the Property (Relationships) Act 1976 and requires both parties to receive independent legal advice. A Post Nup Agreement typically includes comprehensive details about existing assets, debts, future property division, and any special arrangements regarding businesses, trusts, or inheritance. It's essential for protecting both parties' interests and providing clarity about property rights in the event of relationship dissolution or death.
Suggested Sections

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

2. Background: Context of the agreement, including date of marriage, reason for the post-nuptial agreement, and acknowledgment of existing relationship

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

4. Purpose and Intent: Clear statement of the parties' intentions in entering the agreement and acknowledgment of contracting out of the Property (Relationships) Act 1976

5. Existing Separate Property: Detailed classification and agreement regarding property owned separately by each party at the time of the agreement

6. Existing Relationship Property: Identification and agreed division of property currently owned jointly or classified as relationship property

7. Future Property: Agreement on how property acquired after the date of the agreement will be classified and divided

8. Debts and Liabilities: Allocation of responsibility for existing and future debts and liabilities

9. Disclosure: Confirmation that both parties have made full disclosure of all assets and liabilities

10. Independent Legal Advice: Acknowledgment that both parties have received independent legal advice

11. Severability: Provision stating that if any part of the agreement is found to be invalid, the remainder continues in force

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

13. Execution: Formal signing section including witness requirements and solicitor certifications

Optional Sections

1. Children's Interests: Provisions relating to existing children's interests in property - include when parties have children

2. Business Interests: Specific provisions for handling business assets and income - include when either party owns a business

3. Inheritance and Gifts: Treatment of inherited assets and gifts - include when parties expect significant inheritance or regularly receive gifts

4. Overseas Property: Provisions for property located in other jurisdictions - include when parties own assets in other countries

5. Life Insurance: Requirements for life insurance policies - include when parties want to ensure financial security

6. Trust Interests: Provisions relating to trust property and beneficiary interests - include when parties have trust arrangements

7. Relationship Property Sharing: Specific agreement to share certain relationship property in different proportions - include when parties want unequal division

8. Sunset Clause: Provision for the agreement to expire after a certain period - include when parties want the agreement to be temporary

Suggested Schedules

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

2. Schedule B - Valuation Reports: Professional valuations of significant assets such as properties, businesses, or investments

3. Schedule C - Independent Legal Advice Certificates: Certificates from solicitors confirming independent legal advice provided to each party

4. Schedule D - Financial Disclosure Statements: Detailed financial statements from both parties confirming their assets, liabilities, and income

5. Appendix 1 - Supporting Documents: Copies of relevant documents such as trust deeds, business agreements, 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Interpretation
Acknowledgments
Property Classification
Property Division
Separate Property Rights
Future Property
Disclosure Obligations
Independent Legal Advice
Relationship Property
Debt Allocation
Business Interests
Trust Arrangements
Inheritance Rights
Gift Treatment
Income Distribution
Asset Protection
Death Provisions
Separation Provisions
Dispute Resolution
Amendment Procedures
Severability
Governing Law
Execution Requirements
Certification
Mutual Release
Financial Obligations
Insurance Requirements
Sunset Provisions
Property Transfer
Compliance with Law
Relevant Industries

Legal Services

Financial Services

Wealth Management

Private Banking

Family Law

Estate Planning

Professional Services

Relevant Teams

Legal

Private Client Services

Wealth Management

Human Resources

Family Law

Estate Planning

Client Relations

Document Services

Relevant Roles

Family Lawyer

Legal Partner

Private Client Lawyer

Wealth Manager

Financial Advisor

Estate Planning Attorney

Private Banking Manager

HR Manager

Legal Associate

Relationship Manager

Trust Officer

Legal Counsel

Notary Public

Industries
Property (Relationships) Act 1976: Primary legislation governing relationship property division in New Zealand. Section 21A specifically allows couples to contract out of the Act's provisions through relationship property agreements, including post-nuptial agreements.
Family Proceedings Act 1980: Provides framework for family law proceedings and can affect the interpretation and implementation of post-nuptial agreements, particularly in relation to maintenance obligations and relationship matters.
Contract and Commercial Law Act 2017: Governs general contract law principles that apply to post-nuptial agreements, including formation, interpretation, and enforcement of contracts.
Law Reform (Testamentary Promises) Act 1949: Relevant when post-nuptial agreements contain provisions affecting inheritance rights or make promises about future estate distributions.
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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