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Pre-Nuptial Agreements

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Pre-Nuptials and Contracting Out Agreements

 

We explain in some detail, together with documents, everything about matrimonial property law on identical and duplicated topics which you can access directly through the blue links below :

 

Property ( Relationships ) Act 1976

 

Matrimonial Property

 

In those topics, we provide you with FOUR prenuptial or contracting out agreements which you can fill in and print off with your own details inserted.  We also provide you with these four documents at the bottom of this page.

 

The documents can be altered and refined to your own needs.  There is nothing magic about the wording except that you should strive to make your intentions clear.

 

However, is absolutely essential that you understand section 21 of the Property Relationships Act 1976.  

 

Sections 21 F and 21 H are most important.

 

Technical Requirements

 

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Feedback/Blogs/Reviews from related topic: Child Support
"Up to date. Great. the IRD Child Support site is so hard to follow. You need a computer degree. You tell it like it is. (One pissed off father)

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"Bloody fantastic coverage. Easy to understand and work out. Mike R - Auckland Central"
"Please advise - My partner pays his ex-wife child support every week. (The amount was agreed via a settlement agreement nutted out between lawyers at mediation.) Is this child support still payable on weeks when we have the children? (in school holidays we have the children for half of the time). It seems unfair for his ex-wife to be getting paid child support when we are supporting the children.
Netlaw replies - The access you enjoy in the holidays must be averaged out over the whole year. It does not apply on a weekly basis. That sounds unfair but that is the way it has been interpreted. "

Feedback/Blogs/Reviews from related topic: Child Support
"Hi, what is the success of wives asking for spousal support today? is it a common application or is it becoming too rare because there is DPB available and also because the system is changing and not favoring this type of maintenance anymore?? I just like to have a rough idea if I should pursue this. I've recently been made redundant, am getting no child maintenance and my ex says that I wont be able to get anything anyway as his business is off shore...Any help will be great thanks.

Netlaw replies: It is not common because the DPB is well above what most partners could afford, and still maintain themselves. But in financially well off families spousal maintenance is a runner, particularly until a matrimonial property division provides the partner in need with a large lump sum. Then, the need for extra maintenance dissipates. Apply for a benefit immediately and then apply also to the Family Court for an order for spousal maintenance. If the orders you receive amount to LESS than the DPB then that money goes towards the benefit, not on top. But if your order is MORE than the benefit then you just go off the benefit and take the sum awarded."

Feedback/Blogs/Reviews from related topic: Child Support
"Dear Netlaw
Our father was in a semi-coma when he got married and died 3-days later. Can this form of marriage be invalidated, (in particular, annulled through not being consummated)? Your expertise will be gratefully received again, thanks.

Netlaw replies: Non consummation is no longer a ground for dissolution but, under section 31 of the Family Proceedings Act 1980, a Family Court can declared void a marriage if there was an absence of true consent at the time of the marriage. If he was in a semi coma, it would be difficult to prove full consent. That could therefore void the marriage."

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"Great to see all the relevant Acts laid out with direct reference to your own topics - Christie - Thames"
Feedback/Blogs/Reviews from related topic: Child Support
"While you have considerable detailed information for the applicant there is no information directed at a respondent and how to respond.
Netlaw responds: Sorry. We will add to the topic today. The Respondent must, within 20 working days, file in the Court and serve on the Applicant, his or her own Affidavit of Assets and Liabilities as well as a Narrative Affidavit."

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