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About this prenuptial agreement
A prenuptial agreement sets out how assets and liabilities will be divided if you separate permanently or if your marriage ends.
Making a plan in advance should help you avoid expensive divorce settlements, help you keep items of sentimental value such as family heirlooms or property, and help you control who inherits your wealth.
Many people consider planning for break-up unromantic shortly before a wedding or civil partnership. However, preparing a prenup emphasises that the reason for marriage is love and not money, and can give both people confidence about what will happen should the marriage fail.
Why use this prenuptial agreement
- provides security during and after marriage to both people;
- avoids future disputes over how assets should be split and what each person contributed;
- helps speed up the divorce process and saves divorce costs;
- helps ensure that items with sentimental value remain with the person to whom they matter most;
- helps ensure that the people you choose (such as children from an earlier relationship) inherit your wealth;
- prevents your wealth from being given away shortly before break-up;
- helps protect business assets from being split and sold;
- makes a separation less emotionally stressful by removing the need to negotiate over as many things.
Is a prenuptial agreement legally binding?
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act 1976. Section 21 of the Property (Relationships) Act 1976 expressly authorises that a husband and wife, civil union partners, de facto partners, or two persons in contemplation of entering into a marriage, civil union or de facto relationship may contract out of the provisions of the Act. The special requirements that must be met for contracting out agreement to be valid as follow:
- must be in writing;
- both parties must receive independent legal advice;
- signatures need to be certified by a lawyer;
- the lawyer must certify that, before that party signed the agreement, the lawyer explained to that party the effect and implications of the agreement.
We also stock a simpler version of this document that has been written for couples who are likely each to be financially independent before the marriage or partnership and for whom the concern is about ensuring that wealth and assets remain in the possession of whichever one brought them in, should the marriage fail.
We expect that this alternative document will be more suitable for older couples who have already accumulated wealth, and who perhaps are marrying for a second time.
The Net Lawman pre-marital agreements have been written to help you to comply with the suggested legal requirements.
This agreement covers a very wide range of possible outcomes and also deals with many matters to be agreed during your marriage.
There is extensive coverage of property, possessions, investments.
Children arrangements are covered broadly and shortly, because circumstances at divorce can be very different to those at marriage and a judge will make an order based on what he sees at the time.
This agreement covers the following:
- the parties’ personal details;
- relevant dates and application of principles likely to be required by law;
- ownership of the home now;
- separate ownership of property and possessions;
- many alternative arrangements for ownership of assets;
- joint bank account;
- sharing living expenses;
- children arrangements and after separation;
- property of each party remains his own;
- dealing with family home;
- children arrangements;
- financial support of children;
- financial maintenance of one of you by the other;
- prevention of one person reducing joint wealth before separation by giving away assets;
- dealing with family company and / or jointly owned business;
- capital calculation and transfer;
- promise of confidentiality;
- if one of you should die;
- other legal provisions to protect your interests;
- final statement of understanding of legal requirements.
This document was written by a solicitor for Net Lawman. It complies with current New Zealand law.
What other customers thought
Average customer rating
By Janice White 15 April 2017
I have no suggestions to improve your easy download process. I decided to buy because you are a NZ Law Firm. Document still to be used, I am sure that it will be adequate. Yes, I certainly would for this type of document, much more economical than attending Lawyers offices.
By Rhondda Beddis 25 September 2014
By Winston Pond 23 December 2013
It met the purpose of giving us a good alternative to a complicated one drawn up by a local lawyer.
By Kathy Moy 14 December 2016
Easy to follow and edit.
By Megan Tyre 20 April 2016
The document was clear to read and the notes really helped in making decisions easy. A couple of clauses were a bit legal jargon heavy for us to understand. However, it saved us a fortune and we were able to go to the Citizens Advice Bureau and have a lawyer witness it for us for free. I could never have afforded to have a personally-tailored document drawn up otherwise. I have suggested my partner uses you for his will.
By Neil Curgenven 25 June 2014
The document was very useful, the service was good.I had no 'concerns' i was looking for a document to guide me through, this did.The price was okay, the document met my requirements.It was comprehensive. I now have a better understanding of my situation through using this document .Yes!
By Richard Holland 27 November 2017
the document itself is good but trying to get a lawyer to sign it for you (and partner) even if you have a sound understanding of the agreement is very difficult. The legalised theives in Christchurch where I am get very annoyed when they see the opportunity to gouge thousands of dollars from a client, suddenly evaporate. Lawman should assist their clients solve this problem without delay.The comment given by another customer (Megan ) was lucky to get CAB Auckland to assist. If they will assist me I will travel up there tomorrow. R.H
"I have found Net Lawman perfect for my needs and saved me thousand of dollars in legal fees getting a lawyer to produce these douc's from scratch. I have used three of the Net Lawman doc's to basically write up the NDA, contract, Non Solicitation agreements to a level of being 95% complete and then used my lawyer to sign off. My lawyer even commented how complete these doc's are.
Thanks guys, great service/product.
Cheers Dean"Dean Harper
"I appreciate your patience. I have to say though it took me a while (I had almost given up) to come across your internet site, but I was quite impressed with the manoverabilty of the site itself and the services it offers. Normally I am very cautious about internet services and am pleasantly impressed by you professional response. Without doubt I will definitely be recommending yourselves to others."Razwana
"...Yes very useful. I understand the terminology etc as I've seen a fair few legal docs before. Notes are very helpful. Gives me some base insight without the expense of a solicitor! "John K