Post Prenuptial Agreement Template for New Zealand

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Key Requirements PROMPT example:

Post Prenuptial Agreement

"I need a Post Prenuptial Agreement drafted by March 2025 to protect my expanding technology business interests and clearly separate my company's intellectual property and future growth from our relationship property."

Document background
A Post Prenuptial Agreement is a crucial legal document used in New Zealand when married couples wish to formally arrange their property rights and financial affairs after their marriage has taken place. This type of agreement becomes relevant when couples need to address changes in their financial circumstances, receive significant inheritances, start new businesses, or wish to protect assets for children from previous relationships. The document must strictly comply with the Property (Relationships) Act 1976 and requires independent legal advice for both parties. It typically includes comprehensive details about separate and relationship property, future property acquisition, business interests, and inheritance arrangements. The agreement provides certainty and protection for both parties while allowing them to contract out of the default relationship property regime under New Zealand law.
Suggested Sections

1. Parties: Identifies the full legal names and details of both spouses entering into the agreement

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

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation

4. Purpose and Intent: Clearly states the parties' intention to contract out of the Property (Relationships) Act 1976 and establish their own property arrangements

5. Separate Property: Identifies and confirms property that will remain separate property of each spouse

6. Relationship Property: Defines and lists property that will be considered relationship property and how it will be treated

7. Future Property: Establishes how property acquired after the agreement will be classified and dealt with

8. Division of Property on Separation: Details how property will be divided if the relationship ends by separation

9. Division of Property on Death: Specifies how property will be dealt with upon the death of either party

10. Disclosure: Confirms that both parties have made full disclosure of all relevant assets and liabilities

11. Independent Legal Advice: Acknowledges that both parties have received independent legal advice

12. General Provisions: Contains standard clauses including severability, entire agreement, and governing law

Optional Sections

1. Business Interests: Required when either party owns business interests, detailing how these will be treated and protected

2. Inheritance and Gifts: Used when there are specific inherited assets or expected inheritances to be protected

3. Trust Interests: Needed when either party has interests in family or other trusts that need to be addressed

4. Debt Management: Important when there are significant debts or lending arrangements to be addressed

5. Children's Interests: Required when specific property or assets are to be preserved for children from previous relationships

6. International Assets: Necessary when parties have assets in multiple jurisdictions

7. Spousal Maintenance: Optional section addressing future maintenance obligations or waivers

8. Review and Amendment: Including provisions for periodic review or specific trigger events for review

Suggested Schedules

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

2. Schedule 2: Separate Property Register: Detailed list of property agreed to be separate property of each spouse

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

4. Schedule 4: Certificates of Independent Legal Advice: Signed certificates from each party's lawyer confirming independent legal advice

5. Schedule 5: Valuations: Professional valuations of significant assets

6. Appendix A: 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

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