If you or someone you know has signed a Prenuptial Agreement, Premarital Agreement, Antenuptial Contract or Contracting Out Agreement in a country outside of New Zealand, then you/ they should find out if and how that Agreement applies in New Zealand. Irrespective of where these types of documents are signed, they generally have a similar purpose; that being to determine the status, ownership and value of assets at the start and end of a couple's relationship. But, are they valid when you have moved away from the country of signing?
What Does New Zealand Law Say About Overseas 'Pre-Nups'?
An overseas agreement will be considered valid in the following circumstances:
There is a vast body of case law where Courts have considered whether such agreements are enforceable in New Zealand. Some of the important factors that the Courts have considered include:
As each Agreement is unique to the couple that it has been prepared for, it is best to seek specialist legal advice on whether or not your Agreement will be enforceable in New Zealand. If you are seeking advice or have any questions in respect of this article, please contact:
See our Expertise pages
© McVeagh Fleming 2020
This article is published for general information purposes only. Legal content in this article is necessarily of a general nature and should not be relied upon as legal advice. If you require specific legal advice in respect of any legal issue, you should always engage a lawyer to provide that advice.