The Pre Marriage Agreement is a crucial legal document used in New Zealand by couples planning to marry who wish to establish clear arrangements regarding their property rights and financial affairs. This agreement, also known as a prenuptial agreement or contracting out agreement, is specifically authorized under Section 21 of the Property (Relationships) Act 1976. It allows couples to opt out of the default property division rules that would otherwise apply under New Zealand law. The document typically includes comprehensive details about each party's assets and liabilities, provisions for future property acquisition, treatment of inheritance and gifts, and arrangements for business interests and family trusts. To be legally valid, both parties must receive independent legal advice, and their respective lawyers must certify the agreement. The document is particularly important for individuals with significant assets, business interests, expected inheritances, or those entering subsequent marriages.
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1. Parties: Full legal names and details of both parties entering into the agreement
2. Background: Context of the agreement, including the intended marriage date and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Interpretation: Rules for interpreting the agreement, including general principles and statutory references
5. Certification: Statements confirming both parties have received independent legal advice as required by law
6. Separate Property: Identification and agreement regarding property that will remain separate property of each party
7. Relationship Property: Definition and treatment of property that will be considered relationship property
8. Future Property: Treatment of property acquired after marriage
9. Debt and Liabilities: Treatment of existing and future debts and liabilities
10. Disclosure: Confirmation of full disclosure of assets and liabilities by both parties
11. Separation and Division: Agreement on property division in case of separation or divorce
12. Death Provisions: Treatment of property in the event of death of either party
13. Variation: Process for varying or amending the agreement
14. Severability: Provision for severing invalid clauses while maintaining the rest of the agreement
15. Governing Law: Confirmation that New Zealand law governs the agreement
1. Business Interests: Specific provisions for handling business interests, used when either party owns or may acquire business interests
2. Inheritance and Gifts: Special provisions for inherited assets or gifts, used when significant inheritance is expected or received
3. Family Trust Provisions: Provisions relating to family trusts, used when either party is involved with family trusts
4. Overseas Assets: Specific provisions for overseas assets, used when either party has international property or investments
5. Children's Provisions: General provisions regarding existing or future children, used when relevant to property matters
6. Spousal Maintenance: Provisions regarding future spousal maintenance, used when parties want to address this specifically
7. Family Home: Special provisions regarding the family home, used when there are specific arrangements for the matrimonial home
8. Retirement Savings: Specific provisions for superannuation and retirement savings, used when significant retirement assets exist
9. Cultural Property: Provisions for taonga or cultural property, used when either party has significant cultural assets
1. Schedule 1: Assets of First Party: Detailed list of all assets owned by the first party at the time of agreement
2. Schedule 2: Assets of Second Party: Detailed list of all assets owned by the second party at the time of agreement
3. Schedule 3: Liabilities of First Party: Detailed list of all liabilities of the first party at the time of agreement
4. Schedule 4: Liabilities of Second Party: Detailed list of all liabilities of the second party at the time of agreement
5. Schedule 5: Joint Assets and Liabilities: List of any existing joint assets and liabilities
6. Appendix A: Certificates of Independent Legal Advice: Signed certificates from lawyers confirming independent legal advice
7. Appendix B: Valuations: Any relevant valuations of significant assets
8. Appendix C: Supporting Documents: Any additional supporting documentation such as trust deeds or business valuations
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