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A Postnuptial Agreement is a legal contract made between spouses after marriage to sort out their property and financial matters. Unlike prenups, these agreements are signed during marriage, often when couples want to clarify their rights or protect assets they've acquired since getting married.

Under New Zealand's Property (Relationships) Act, postnups help married partners set their own rules about dividing property and assets if they separate. The agreement must be in writing, signed by both parties, and each person needs independent legal advice to make it valid. Courts take these agreements seriously when they're properly made.

Consider a Postnuptial Agreement when significant changes affect your marriage's financial landscape. Common triggers include receiving an inheritance, starting a business, or one spouse leaving work to raise children. These agreements help protect both partners' interests when their circumstances shift dramatically from their wedding day.

Many Kiwi couples create postnups after moving valuable assets between themselves, entering business partnerships together, or when blending families brings complex property arrangements. It's especially valuable when one partner wants to protect their business assets or shield family trusts from relationship property claims. Getting it done early provides clarity and peace of mind.

• Basic Financial Agreement: Covers the division of current assets, debts, and future income between spouses
• Business Protection Postnup: Specifically safeguards company ownership, shares, and business assets from relationship claims
• Trust-Focused Agreement: Details how family trusts interact with relationship property rules
• Inheritance Protection: Specifically ring-fences inherited assets or expected inheritances from relationship property
• Comprehensive Postnup: Combines all elements above plus lifestyle obligations and future financial responsibilities

• Married Couples: The primary parties who create and are bound by the postnuptial agreement, typically when their financial situation changes significantly
• Family Lawyers: Draft the agreements and provide independent legal advice to each spouse, ensuring the document meets legal requirements
• Business Owners: Often initiate postnups to protect their company assets and business interests from relationship property claims
• Trust Trustees: May need to review and consider how the agreement affects trust arrangements
• Family Court Judges: Review and enforce postnuptial agreements if challenged during separation proceedings

• Asset Inventory: Create detailed lists of all property, investments, debts, and financial interests owned by both spouses
• Business Valuations: Obtain current market values for any business interests or professional practices
• Financial Disclosure: Gather tax returns, bank statements, and investment portfolios from the past three years
• Future Planning: Document expected inheritances, career changes, or major financial commitments
• Legal Requirements: Ensure both parties get independent legal advice and certify the agreement with proper witnessing
• Trust Details: Include information about any family trusts or inheritance arrangements that need protection

• Full Identification: Legal names, addresses, and marriage details of both parties
• Property Schedule: Complete list of separate and relationship property with current values
• Asset Division: Clear terms for how property will be divided if the relationship ends
• Financial Disclosure: Written confirmation that both parties have fully disclosed their assets and liabilities
• Independent Advice: Certification from separate lawyers that each party received independent legal counsel
• Execution Requirements: Signatures of both parties, witnessed by their respective lawyers
• Severability Clause: Statement that invalid provisions won't void the entire agreement

The key difference between a Postnuptial Agreement and an Asset Purchase Agreement lies in their fundamental purpose and the relationship between parties. While both deal with property rights, they serve distinct legal functions.

• Timing and Parties: Postnups are created during marriage between spouses, while Asset Purchase Agreements occur between unrelated parties in a business transaction
• Legal Framework: Postnups operate under the Property (Relationships) Act, focusing on relationship property rules. Asset Purchase Agreements follow commercial law principles
• Scope of Assets: Postnups cover all relationship property and future acquisitions. Asset Purchase Agreements deal with specific business assets in a one-time transaction
• Duration: Postnups continue throughout the marriage until separation or divorce. Asset Purchase Agreements typically conclude once the transaction is complete