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Farm Prenup
"I need a Farm Prenup to protect my third-generation dairy farm in Canterbury before my marriage in March 2025, with specific provisions for future succession to my children from a previous marriage."
1. Parties: Identifies and defines the parties entering into the agreement
2. Background: Outlines the context of the agreement, including the parties' intention to marry/enter civil union and the existence of farm assets
3. Definitions and Interpretation: Defines key terms used throughout the agreement, including farm-specific terminology
4. Purpose of Agreement: States the intended purpose and objectives of the agreement
5. Separate Property: Clearly identifies and classifies separate property, including pre-relationship farm assets
6. Relationship Property: Defines what constitutes relationship property and how it will be treated
7. Farm Business Operations: Addresses the management and operation of the farm during the relationship
8. Income and Profits: Details how farm income and profits will be classified and distributed
9. Debt and Liabilities: Addresses existing and future farm-related debts and liabilities
10. Future Acquisitions: Covers how future property acquisitions will be classified and managed
11. Relationship Dissolution Provisions: Outlines property division processes in case of separation
12. General Provisions: Includes standard clauses about variation, severability, and governing law
13. Execution: Formal signing section with independent legal advice certificates
1. Farm Succession Planning: Used when there are specific intentions for future succession of the farm to children or other family members
2. Trust Provisions: Required when either party has trust interests in farm property
3. Environmental Compliance: Needed when specific environmental obligations or certificates affect the farm's value or operation
4. Maori Land Provisions: Required when the farm includes or affects Maori land
5. Livestock Management: Necessary for farms with significant livestock assets
6. Third Party Rights: Required when other family members have existing rights or interests in the farm
7. Insurance Provisions: Used when specific insurance arrangements need to be maintained
8. Exit Mechanisms: Detailed procedures for one party to exit from farm operations while maintaining ownership rights
1. Schedule 1 - Existing Farm Assets: Comprehensive list and description of all farm assets including land, buildings, and equipment
2. Schedule 2 - Financial Statements: Current financial position of the farm business
3. Schedule 3 - Valuations: Professional valuations of major farm assets
4. Schedule 4 - Existing Liabilities: List of all farm-related debts and obligations
5. Schedule 5 - Relationship Property Schedule: Itemized list of agreed relationship property
6. Schedule 6 - Separate Property Schedule: Itemized list of agreed separate property
7. Appendix A - Independent Legal Advice Certificates: Certificates from each party's legal advisor
8. Appendix B - Asset Valuation Reports: Detailed professional valuation reports for major assets
9. Appendix C - Farm Maps and Plans: Physical layout and boundaries of the farm property
Authors
Agriculture
Legal Services
Family Law
Property Law
Estate Planning
Rural Services
Financial Services
Agricultural Consulting
Farm Management
Legal
Family Law
Rural Services
Property Law
Estate Planning
Agricultural Advisory
Relationship Property
Rural Banking
Valuations
Farm Consulting
Family Lawyer
Agricultural Lawyer
Farm Consultant
Rural Financial Advisor
Property Valuer
Estate Planning Lawyer
Farm Manager
Agricultural Business Consultant
Relationship Property Specialist
Rural Banking Manager
Farm Succession Planner
Agricultural Property Lawyer
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