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Prenuptial Agreement For Unmarried Couples

Prenuptial Agreement For Unmarried Couples Template for New Zealand

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Key Requirements PROMPT example:

Prenuptial Agreement For Unmarried Couples

"I need a Prenuptial Agreement For Unmarried Couples to protect my established tech business and investment portfolio, as my partner and I plan to move in together in March 2025; the agreement should particularly focus on keeping business assets separate and establishing clear guidelines for our shared living expenses."

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Document background
The Prenuptial Agreement For Unmarried Couples is a vital legal document for de facto couples in New Zealand who wish to establish clear property rights and financial arrangements outside the default provisions of the Property (Relationships) Act 1976. This agreement is particularly relevant for couples entering into or already in a de facto relationship who want to protect their individual assets, establish clear guidelines for property division, or have complex financial arrangements involving businesses, trusts, or inherited wealth. The document must comply with New Zealand legal requirements, including the necessity for both parties to receive independent legal advice and proper execution to be enforceable. It typically includes comprehensive details about current assets, future property acquisition plans, debt management, and provisions for separation or death.
Suggested Sections

1. Parties: Identification and details of both partners entering into the agreement

2. Background: Context of the relationship, purpose of the agreement, and acknowledgment of independent legal advice

3. Definitions: Definitions of key terms used throughout the agreement, including 'relationship property', 'separate property', and 'de facto relationship'

4. Acknowledgments: Confirmation that both parties enter the agreement freely, with independent legal advice, and full disclosure

5. Separate Property: Definition and listing of property that will remain separate property of each party

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

7. Future Property Acquisitions: Agreement on how future property acquisitions will be classified and handled

8. Debts and Liabilities: Treatment of existing and future debts and financial obligations

9. Separation Provisions: Rights and obligations of parties upon separation

10. Death Provisions: Treatment of property and obligations in the event of death of either party

11. General Provisions: Standard clauses including severability, amendment procedures, and governing law

12. Execution: Signing provisions, including independent solicitor certificates

Optional Sections

1. Children's Provisions: Used when there are existing children or planned children, addressing property arrangements for their benefit

2. Business Assets: Required when either party owns business interests or may acquire them during the relationship

3. Trust Interests: Necessary when either party has interests in family or other trusts

4. Inheritance and Gifts: Used when there are expected inheritances or significant gifts to be addressed

5. Overseas Property: Required when either party owns or expects to acquire property in other jurisdictions

6. Relationship Expenses: Optional section detailing how living expenses and joint purchases will be handled

7. Pets and Personal Effects: Used when specific arrangements for pets or significant personal items need to be addressed

8. Cultural Property: Required when dealing with taonga or other culturally significant property

9. Intellectual Property: Necessary when either party has or expects to have significant intellectual property rights

Suggested Schedules

1. Schedule A - Party 1's Separate Property: Detailed inventory of Party 1's assets and their agreed values at the time of the agreement

2. Schedule B - Party 2's Separate Property: Detailed inventory of Party 2's assets and their agreed values at the time of the agreement

3. Schedule C - Joint Property: List of any existing joint property and agreed arrangements

4. Schedule D - Debts and Liabilities: Comprehensive list of each party's debts and liabilities

5. Schedule E - Independent Legal Advice Certificates: Certificates from each party's lawyer confirming independent legal advice

6. Schedule F - Financial Disclosures: Detailed financial disclosures from both parties

7. Appendix 1 - Valuation Reports: Any professional valuations of significant assets

8. Appendix 2 - Supporting Documents: Copies of relevant documents such as trust deeds or business valuations

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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