Model Clause (for deeds of trust and prenuptial agreements)
If you are drafting a deed of trust or prenuptial agreement, you should consider what mechanism might assist should something go wrong.
By including a model clause or agreement to arbitrate any dispute arising under that deed or agreement under the FDR Centre Arb-Med Rules, you can minimise the time, cost, and stress of resolving that dispute in the future.
The following arbitration (arb-med) clause should be included in a deed of trust or prenuptial agreement where the parties wish to have any future disputes resolved by Family Law Arb-Med under the FDR Centre Family Law Arb-Med Rules:
ARBITRATION (ARB-MED) AGREEMENT
Any dispute or difference arising out of or in connection with this [deed of trust/prenuptial agreement (delete one)], or the subject matter of this [deed of trust/prenuptial agreement (delete one)], including any question about its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Family Law Arb-Med Rules of the Family Dispute Resolution Centre (FDR Centre).
| First Party | Second Party | ||||||
| Signature: | Signature: | ||||||
| Name: | Name: | ||||||
| I, | I, | ||||||
| Barrister / Barrister and Solicitor of the High Court of New Zealand certify that, before signing this Arbitration (Arb-Med) Agreement, | Barrister / Barrister and Solicitor of the High Court of New Zealand certify that, before signing this Arbitration (Arb-Med) Agreement, | ||||||
| received independent legal advice as to its effect and implications. | received independent legal advice as to its effect and implications. | ||||||
| Signature: | Signature: | ||||||
| Date: | Date: | ||||||
NOTES:
- Your Lawyer must witness this Arbitration (Arb-Med) Agreement.
- Parties to an existing dispute who have not incorporated the FDR Centre Family Law Arbitration (Arb-Med) Model Clause into a prior agreement may agree to refer that dispute to Arb-Med under these Rules by signing the Family Law Arb-Med Agreement at Appendix 2 to the Family Law Arb-Med Rules.