This Prenup For Domestic Partnership is designed for use in New Zealand by couples entering into or already in a de facto relationship who wish to establish clear property rights and financial arrangements outside the default provisions of the Property (Relationships) Act 1976. The agreement becomes particularly relevant when partners have significant assets, business interests, expected inheritances, or complex financial arrangements they wish to protect. It must be drafted in compliance with New Zealand legal requirements, including mandatory independent legal advice for both parties and full financial disclosure. The document typically includes comprehensive details about separate and relationship property, future asset treatment, debt responsibilities, and provisions for separation or death. It's essential for protecting pre-relationship assets, business interests, and family inheritances, while providing certainty and clarity for both partners regarding their financial future.
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1. Parties: Identifies and defines the parties entering into the agreement, including their full legal names and addresses
2. Background: Sets out the context of the agreement, including the nature of the relationship and intention to regulate property matters
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Purpose and Intent: Clearly states the parties' intention to contract out of the Property (Relationships) Act 1976 and establish their own property arrangements
5. Separate Property: Defines and lists property that will remain separate property of each party
6. Relationship Property: Defines what property will be considered relationship property and how it will be treated
7. Future Property: Addresses how property acquired after the agreement is signed will be treated
8. Relationship Debts: Establishes how debts and liabilities will be handled during and after the relationship
9. Separation Provisions: Details the agreed division of property in case of separation
10. Death Provisions: Outlines how property will be handled in the event of death of either party
11. Independent Legal Advice: Confirms that both parties received independent legal advice before signing
12. General Provisions: Contains standard clauses about amendment, severability, and governing law
13. Execution: Formal signing section including witness requirements and certificates from lawyers
1. Business Interests: Used when either party has business interests that need protection or special treatment
2. Inheritance and Gifts: Used when there are specific inherited assets or expected inheritances to be protected
3. Children's Provisions: Used when there are children from previous relationships whose interests need protection
4. Trust Interests: Used when either party has interests in trusts that need to be addressed
5. Intellectual Property: Used when either party has significant intellectual property rights
6. Family Heirlooms: Used when there are specific family heirlooms or items of special significance to be protected
7. Property Outside New Zealand: Used when either party has overseas assets requiring special consideration
8. Future Business Ventures: Used when parties want to address treatment of future business opportunities
9. Maintenance Provisions: Used when parties wish to address potential maintenance obligations
1. Schedule A - Assets and Liabilities of First Party: Detailed list of all assets and liabilities of the first party at the time of agreement
2. Schedule B - Assets and Liabilities of Second Party: Detailed list of all assets and liabilities of the second party at the time of agreement
3. Schedule C - Jointly Owned Property: List of property owned jointly by the parties at the time of agreement
4. Schedule D - Specified Separate Property: Detailed list of items agreed to remain separate property
5. Schedule E - Certificates of Independent Legal Advice: Signed certificates from lawyers confirming independent legal advice
6. Schedule F - Financial Disclosures: Detailed financial disclosures from both parties
7. Schedule G - Valuation Reports: Any relevant valuation reports for significant assets
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