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Post Marriage Prenup

Post Marriage Prenup Template for New Zealand

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Key Requirements PROMPT example:

Post Marriage Prenup

"I need a Post Marriage Prenup agreement to protect my technology startup company and its intellectual property, as my business is experiencing rapid growth and I want to ensure my spouse and I have clarity about how business assets and future profits will be treated."

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Document background
Post Marriage Prenuptial agreements (postnuptial agreements) are utilized in New Zealand when married couples wish to establish clear property rights and financial arrangements that differ from the default provisions of the Property (Relationships) Act 1976. These agreements are particularly relevant for couples who have accumulated significant assets before or during marriage, received inheritances, own business interests, or wish to protect assets for children from previous relationships. The document must include comprehensive financial disclosures, separate and relationship property classifications, and future property arrangements. Under New Zealand jurisdiction, these agreements require strict compliance with statutory requirements, including independent legal advice and proper certification, to be enforceable. They can be especially important for high-net-worth individuals, business owners, or those with complex asset structures.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement, including full legal names and addresses

2. Background: States the marriage date, intention to contract out of the Property (Relationships) Act 1976, and confirms independent legal advice received

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

4. Purpose and Effect: Clearly states the agreement's purpose to contract out of the Act and its binding nature

5. Acknowledgments: Confirms fair disclosure, independent legal advice, and voluntary execution

6. Separate Property: Defines and lists property that will remain separate property of each spouse

7. Relationship Property: Identifies any property that will be treated as relationship property

8. Future Property: Establishes how property acquired after the agreement will be treated

9. Division of Property: Details how property will be divided in case of separation or death

10. Debts and Liabilities: Addresses responsibility for existing and future debts

11. Variation and Review: Specifies conditions and process for varying the agreement

12. Severability: Ensures remainder of agreement stands if any provision is invalid

13. Governing Law: Confirms New Zealand law governs the agreement

14. Execution: Formal execution block including independent solicitor certificates

Optional Sections

1. Business Interests: Required when either party owns business interests, detailing treatment of business assets and future profits

2. Inheritance and Gifts: Added when specific inherited assets or anticipated inheritances need protection

3. Overseas Property: Necessary when parties own property in other jurisdictions

4. Children's Interests: Include when providing for existing children's financial interests

5. Family Trusts: Required when either party has trust interests to be protected

6. Life Insurance: Added when specifying requirements for life insurance policies

7. Retirement Funds: Include when addressing superannuation or retirement savings

8. Intellectual Property: Required when either party has significant IP assets

9. Death Provisions: Optional provisions for property division on death rather than separation

Suggested Schedules

1. Schedule 1 - Party A's Separate Property: Detailed inventory of Party A's assets, liabilities, and values at agreement date

2. Schedule 2 - Party B's Separate Property: Detailed inventory of Party B's assets, liabilities, and values at agreement date

3. Schedule 3 - Relationship Property: List of any property agreed to be relationship property

4. Schedule 4 - Financial Disclosures: Detailed financial statements of both parties including income, assets, and liabilities

5. Schedule 5 - Certificates of Independent Legal Advice: Solicitor certificates confirming independent legal advice

6. Appendix A - Valuations: Professional valuations of significant assets

7. Appendix B - Supporting Documents: Copies of relevant supporting documentation (trust deeds, business documents, etc.)

Authors

Alex Denne

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

alex.den.21@genieai.co
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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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