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Online Prenuptial Agreement for New Zealand

Online Prenuptial Agreement Template for New Zealand

A comprehensive online prenuptial agreement template compliant with New Zealand law, particularly the Property (Relationships) Act 1976. This document enables couples planning to marry or enter into a civil union to formally agree on the status, ownership, and division of their property both during their relationship and in the event of separation. The agreement meets all statutory requirements for electronic execution while maintaining the necessary legal formalities, including provisions for independent legal advice and full financial disclosure. It is designed to be both legally robust and user-friendly, incorporating all necessary elements required by New Zealand courts for enforcement.

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What is a Online Prenuptial Agreement?

The Online Prenuptial Agreement is designed for use in New Zealand by couples planning to marry or enter into a civil union who wish to establish clear property arrangements before their union. It complies with the Property (Relationships) Act 1976 and the Contract and Commercial Law Act 2017, ensuring validity in both digital and legal contexts. This document is particularly relevant when parties have significant separate assets, business interests, expected inheritances, or wish to clearly define their property rights. It includes comprehensive sections for asset disclosure, independent legal advice certificates, and specific provisions for both separate and relationship property. The online format makes it accessible while maintaining legal requirements for validity, including necessary safeguards for electronic execution and storage.

What sections should be included in a Online Prenuptial Agreement?

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

2. Background: Context of the agreement, including the intended marriage/civil union date and purpose of the agreement

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

4. Independent Legal Advice: Confirmation that both parties have received independent legal advice before signing

5. Disclosure of Assets and Liabilities: Statement confirming full disclosure of all assets and liabilities by both parties

6. Separate Property: Definition and listing of property to remain separate property of each party

7. Relationship Property: Definition and treatment of property acquired during the relationship

8. Future Property: Provisions for classification and division of property acquired after marriage

9. Relationship Debts: Treatment of existing and future debts and liabilities

10. Variation of Agreement: Procedures for modifying the agreement in the future

11. Severability: Provision stating that if any part of the agreement is invalid, the rest remains enforceable

12. Execution and Effect: Requirements for execution and when the agreement takes effect

What sections are optional to include in a Online Prenuptial Agreement?

1. International Assets: Section dealing with overseas properties and assets, required when either party has significant offshore interests

2. Business Interests: Detailed provisions for handling business assets and future business ventures, needed when either party owns or may establish a business

3. Inheritance and Gifts: Special provisions for inherited property or expected inheritances, useful when significant inheritance is anticipated

4. Children's Provisions: Provisions relating to existing children or future children's interests, recommended when either party has children from previous relationships

5. Family Trust Interests: Provisions dealing with trust property and interests, necessary when either party has trust interests

6. Intellectual Property: Provisions for intellectual property rights, needed for parties with significant IP assets

7. Sunset Clause: Provision for the agreement to expire or be reviewed after a certain period, optional based on parties' preferences

What schedules should be included in a Online Prenuptial Agreement?

1. Schedule A - Assets and Liabilities: Detailed inventory of each party's assets and liabilities at the time of agreement

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

3. Schedule C - Financial Disclosure: Detailed financial statements and supporting documentation for assets and liabilities

4. Schedule D - Valuations: Professional valuations of significant assets such as properties, businesses, or collections

5. Schedule E - Supporting Documents: Copies of relevant documents such as trust deeds, business agreements, or property titles

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions








































Clauses


































Relevant Industries

Legal Services

Family Law

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Relevant Roles

Family Lawyer

Legal Technology Specialist

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Legal Document Specialist

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