The Parties/signatories to this Agreement are advised that signature of this document will have legal consequences. Where either Party is unsure or does not understand the legal obligations and responsibilities placed upon them under this Agreement, they are advised to seek legal advice before signing.
Pre-Nuptial Agreement
for use in England and Wales
This DEED is made on: ________
1. PARTIES
A. ________ of:
________
(hereafter the "First Party")
B. ________ of:
________
(hereafter the "Second Party")
This DEED provides:
2. BACKGROUND
A. This Agreement is made in contemplation of and is conditional upon the intended marriage of the First Party and the Second Party on ________ (the "Marriage")
B. The First Party and the Second Party wish to enter into a binding agreement, recording their wishes and intentions regarding their finances and property in the event their Marriage breaks down and in the event of there being proceedings in the courts of England, Wales or any other jurisdiction for the dissolution or annulment of the Marriage or for a decree of judicial separation or financial support of any kind or in relation to any of their property or assets.
C. The First Party and the Second Party have each acquired all of their separate property as set out in Schedules 1 and 2 to this Agreement independently of and without any contribution from the other.
D. The First Party and the Second Party wish to retain their own separate property, whether now owned or acquired later, free from any claim by the other by virtue of the Marriage unless otherwise provided for by this Agreement or in a supplemental deed executed by both the First Party and the Second Party.
E. The First Party and the Second Party intend that this Agreement shall be legally binding upon them.
F. The First Party and the Second Party have each received independent legal advice prior to the execution of this Agreement.
G. The First Party and the Second Party are fully aware of the rights and responsibilities that he or she may be acquiring or surrendering as a consequence of entering into this Agreement and both have decided to enter into the Agreement of their own free will.
H. The First Party and the Second Party have fully and frankly disclosed to each other their means and relevant financial circumstances which are set out in summary form at Schedules 3 and 4 to this Agreement.
I. The First Party and the Second Party acknowledge and agree that the terms of this Agreement are not intended to limit or oust the jurisdiction of the court to make orders in relation to the Marriage.
J. The following children are the children of ________:
________
K. The following children are the children of ________:
________
L. The following children are the children of both ________ and ________:
________
M. The First Party and the Second Party each acknowledge and agree that they have been advised that under the laws of England and Wales it is not possible as at the date of this Agreement to exclude the jurisdiction of the court to make orders pursuant to the Matrimonial Causes Act 1973 (as amended) and the terms of this Agreement do not necessarily reflect the manner in which a court might resolve their financial claims against each other in the event that their Marriage is dissolved.
N. The First Party and the Second Party are both domiciled and habitually resident in England and Wales.
O. The First Party and the Second Party intend that this Agreement shall bind their heirs, receivers, trustees and personal representatives.
3. DATE OF EFFECT
This Agreement shall come into effect upon the First Party and the Second Party celebrating a valid ceremony of Marriage on ________ or at any other later date, provided that in the event that the Marriage is not celebrated within 12 months of the date of this Agreement it shall be deemed to be discharged, unless revived by a supplemental agreement similarly executed by the First Party and the Second Party.
4. ASSETS
A. All assets held by the First Party and the Second Party individually in each of their respective names prior to the Marriage shall remain in their respective absolute beneficial ownership following the Marriage and any subsequent dissolution.
B. All assets acquired during the Marriage by either the First Party and the Second Party by way of gift or inheritance shall remain in their respective absolute beneficial ownership throughout the marriage and any subsequent dissolution.
C. Neither the First Party or the Second Party will make any claim either during the Marriage or any dissolution to any real property in the separate absolute beneficial ownership of the other and both parties agree to release all rights and/or not to pursue claims in respect of any rights which either may acquire by reason of their marriage over the real property of the other, whether acquired before or after the Marriage.
D. The First Party and the Second Party shall each have full control of his or her separate real and personal property wherever located and shall continue to have full rights to sell, lease or mortgage or otherwise dispose of such property and receive all income, rent and profits derived from such property without any restriction and without any interference from the other.
E. All chattels purchased for more than £________ (________) during the Marriage by either party shall be deemed to be the sole property of the purchasing party.
F. All chattels purchased for more than £________ (________) during the Marriage by the parties jointly shall belong to them in the shares in which the purchase money was contributed.
G. The intended family home is:
________
(hereafter the "family home")
H. The intended family home is vested in the sole name of ________ (the "Homeowner") and notwithstanding any contribution which the other party to this Agreement may make or has made directly or indirectly towards the purchase, maintenance or the improvement of the said property that person has and will acquire no beneficial interest.
I. Nothing in this Agreement precludes the acquisition by the parties of assets in joint names, including real property.
J. Each party has interests in property, companies and other assets as set out in Schedules 1 and 2 and notwithstanding any contribution which either the First Party and the Second Party may make directly or indirectly towards the purchase, maintenance or the improvement of those assets or any future assets purchased individually neither has, nor will, acquire a beneficial interest in the other's assets.
5. PROVISION ON DISSOLUTION
A. The parties agree that in the event of dissolution or annulment of the Marriage or the separation of the parties for a period in excess of 6 months:
I. all property in the separate absolute beneficial ownership of either party, whether pursuant to this Agreement or otherwise, shall remain in the respective absolute beneficial ownership of that party, free from any claim by the other;
II. all joint property shall be distributed between the parties in accordance with this Agreement;
III. the following payments shall be calculated and paid by ________ to ________ within 6 months:
________
B. In the event of the dissolution or annulment of the Marriage or upon the death of either of them, neither party shall make any financial claim of any kind upon or upon the estate of the other.
C. The parties agree that the provisions of this Agreement relating to dissolution or annulment of the Marriage will be incorporated, in so far as they may be relevant, into a consent order and the parties will make joint application to the court for approval of such order, and save as otherwise provided by either party expressly by will, such order will include appropriate dismissal of either party's claim against the estate of the other.
6. 25255
8225822 82 2588 825222222 85588 82 822825525 58 2528222822 25 2528855822 282525 25522 2522 82852255882 252822 88222822 28228 22 252 22525 25 2522 82852255882 252822 252888822 225 252 22525 82 8888, 8258888, 25582 25 225258882 525 8585 828522552 252888822 85588 222 82 822825525 58 8552822 252 22528 525 222282 22 2588 825222222 225 58 28852282 2552 25252 88 25 858 522 55552222222 25 252888822 8228222 252 2552828 225258882 2552 88 822882885882 822258225 82 525 25288525 225 82 2588 825222222.
7. PROVISION ON DEATH
A. In the event of the death of either party the survivor will be entitled to all personal chattels (as defined by the Administration of Estates Act 1925 Section 55(1)(x)) of the deceased save and except those chattels specifically bequeathed by will.
B. In the event of the death of either party the survivor shall also be granted the right to occupy the family home or such other property as shall be owned by the deceased partner and occupied by the survivor as their residence at the date of death rent free until his or her subsequent death or remarriage, subject to payment by him or her of all outgoings in respect of the property and keeping the property in good and tenantable repair and condition and insured to the full value against loss or damage by fire or other usual risk.
8. EXECUTION OF WILLS
The parties agree to execute wills incorporating the terms of clause 6 and clause 7 of this Agreement and not to make any claim upon the estate of the other pursuant to the Inheritance (Provision for Family and Dependants) Act 1975.
9. VARIATION OR AMENDMENT
A. The terms of this Agreement shall be jointly reviewed by the First Party and the Second Party with the benefit of legal advice, when whichever of the following events shall first occur:
I. the birth or adoption of a child to or by the parties; or
II. the inability of the First Party and the Second Party to work for medical reason for a period of more than 12 months; or
III. the First Party and the Second Party involuntarily remaining unemployed for a period of 6 months or more; or
IV. 3 years elapsing from the date of this Agreement.
B. The fact that a review has taken place shall be recorded in writing and signed by the parties as a supplement to this Agreement, and any changes to this Agreement as a result of a review shall be evidenced in writing and signed by both parties.
10. JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and Wales and further, and in any event, if any application is made to the court pursuant to this Agreement or relating to the Marriage the court of England and Wales shall have jurisdiction at that time, and where the courts of one or more other legal jurisdiction shall also have jurisdiction the parties agree that they intend the courts of England and Wales to deal exclusively with such application.
11. PUBLICATION
The parties agree that neither will cause or permit publication in any media of the terms and effect of this Agreement nor any financial details and documents disclosed in accordance with it.
12. SEVERABILITY OF CLAUSES
Where any accepted and recognised body of authority finds any clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement to be unlawful or unenforceable to any such extent, such clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement shall be severed from the remainder of the Agreement and all other remaining clauses, provisions, undertakings, conditions, obligations, terms and all and any other stipulations shall remain in effect and valid to their fullest extent as permitted by the law.
EXECUTED AS A DEED
SIGNED AS A DEED by
__________________________________
Signature of ________
in the presence of
__________________________________
Signature of Witness
__________________________________
Name of Witness (BLOCK CAPITALS)
Address of Witness:.__________________________
__________________________________________
__________________________________________
__________________________________________
SIGNED AS A DEED by
__________________________________
Signature of ________
in the presence of
__________________________________
Signature of Witness
__________________________________
Name of Witness (BLOCK CAPITALS)
Address of Witness:.__________________________
__________________________________________
__________________________________________
__________________________________________
CERTIFICATE OF ADVICE
I, __________________________________ of.__________________________________ certify as follows:
I am a qualified solicitor of the Senior Courts of England and Wales.
Before ________ entered into the pre-marital agreement to which this certificate is annexed, I provided to her independent advice as to the following:
the effect of the agreement on their rights and entitlements;
whether, at the time my advice was given, it was to their advantage financially or otherwise to enter into the agreement;
whether it was prudent for them to enter into the agreement; and
whether in light of such circumstances as were reasonably foreseeable, the provisions of the agreement are fair and reasonable.
I, __________________________________ of.__________________________________ certify as follows:
I am a qualified solicitor of the Senior Courts of England and Wales.
Before ________ entered into the pre-marital agreement to which this certificate is annexed, I provided to them independent advice as to the following:
the effect of the agreement on their rights and entitlements;
whether, at the time my advice was given, it was to their advantage financially or otherwise to enter into the agreement;
whether it was prudent for them to enter into the agreement; and
whether in light of such circumstances as were reasonably foreseeable, the provisions of the agreement are fair and reasonable.
SCHEDULE 1
________'s Private Property
SCHEDULE 2
________'s Private Property
SCHEDULE 3
________'s Means and Circumstances
SCHEDULE 4
________'s Means and Circumstances
The Parties/signatories to this Agreement are advised that signature of this document will have legal consequences. Where either Party is unsure or does not understand the legal obligations and responsibilities placed upon them under this Agreement, they are advised to seek legal advice before signing.
Pre-Nuptial Agreement
for use in England and Wales
This DEED is made on: ________
1. PARTIES
A. ________ of:
________
(hereafter the "First Party")
B. ________ of:
________
(hereafter the "Second Party")
This DEED provides:
2. BACKGROUND
A. This Agreement is made in contemplation of and is conditional upon the intended marriage of the First Party and the Second Party on ________ (the "Marriage")
B. The First Party and the Second Party wish to enter into a binding agreement, recording their wishes and intentions regarding their finances and property in the event their Marriage breaks down and in the event of there being proceedings in the courts of England, Wales or any other jurisdiction for the dissolution or annulment of the Marriage or for a decree of judicial separation or financial support of any kind or in relation to any of their property or assets.
C. The First Party and the Second Party have each acquired all of their separate property as set out in Schedules 1 and 2 to this Agreement independently of and without any contribution from the other.
D. The First Party and the Second Party wish to retain their own separate property, whether now owned or acquired later, free from any claim by the other by virtue of the Marriage unless otherwise provided for by this Agreement or in a supplemental deed executed by both the First Party and the Second Party.
E. The First Party and the Second Party intend that this Agreement shall be legally binding upon them.
F. The First Party and the Second Party have each received independent legal advice prior to the execution of this Agreement.
G. The First Party and the Second Party are fully aware of the rights and responsibilities that he or she may be acquiring or surrendering as a consequence of entering into this Agreement and both have decided to enter into the Agreement of their own free will.
H. The First Party and the Second Party have fully and frankly disclosed to each other their means and relevant financial circumstances which are set out in summary form at Schedules 3 and 4 to this Agreement.
I. The First Party and the Second Party acknowledge and agree that the terms of this Agreement are not intended to limit or oust the jurisdiction of the court to make orders in relation to the Marriage.
J. The following children are the children of ________:
________
K. The following children are the children of ________:
________
L. The following children are the children of both ________ and ________:
________
M. The First Party and the Second Party each acknowledge and agree that they have been advised that under the laws of England and Wales it is not possible as at the date of this Agreement to exclude the jurisdiction of the court to make orders pursuant to the Matrimonial Causes Act 1973 (as amended) and the terms of this Agreement do not necessarily reflect the manner in which a court might resolve their financial claims against each other in the event that their Marriage is dissolved.
N. The First Party and the Second Party are both domiciled and habitually resident in England and Wales.
O. The First Party and the Second Party intend that this Agreement shall bind their heirs, receivers, trustees and personal representatives.
3. DATE OF EFFECT
This Agreement shall come into effect upon the First Party and the Second Party celebrating a valid ceremony of Marriage on ________ or at any other later date, provided that in the event that the Marriage is not celebrated within 12 months of the date of this Agreement it shall be deemed to be discharged, unless revived by a supplemental agreement similarly executed by the First Party and the Second Party.
4. ASSETS
A. All assets held by the First Party and the Second Party individually in each of their respective names prior to the Marriage shall remain in their respective absolute beneficial ownership following the Marriage and any subsequent dissolution.
B. All assets acquired during the Marriage by either the First Party and the Second Party by way of gift or inheritance shall remain in their respective absolute beneficial ownership throughout the marriage and any subsequent dissolution.
C. Neither the First Party or the Second Party will make any claim either during the Marriage or any dissolution to any real property in the separate absolute beneficial ownership of the other and both parties agree to release all rights and/or not to pursue claims in respect of any rights which either may acquire by reason of their marriage over the real property of the other, whether acquired before or after the Marriage.
D. The First Party and the Second Party shall each have full control of his or her separate real and personal property wherever located and shall continue to have full rights to sell, lease or mortgage or otherwise dispose of such property and receive all income, rent and profits derived from such property without any restriction and without any interference from the other.
E. All chattels purchased for more than £________ (________) during the Marriage by either party shall be deemed to be the sole property of the purchasing party.
F. All chattels purchased for more than £________ (________) during the Marriage by the parties jointly shall belong to them in the shares in which the purchase money was contributed.
G. The intended family home is:
________
(hereafter the "family home")
H. The intended family home is vested in the sole name of ________ (the "Homeowner") and notwithstanding any contribution which the other party to this Agreement may make or has made directly or indirectly towards the purchase, maintenance or the improvement of the said property that person has and will acquire no beneficial interest.
I. Nothing in this Agreement precludes the acquisition by the parties of assets in joint names, including real property.
J. Each party has interests in property, companies and other assets as set out in Schedules 1 and 2 and notwithstanding any contribution which either the First Party and the Second Party may make directly or indirectly towards the purchase, maintenance or the improvement of those assets or any future assets purchased individually neither has, nor will, acquire a beneficial interest in the other's assets.
5. PROVISION ON DISSOLUTION
A. The parties agree that in the event of dissolution or annulment of the Marriage or the separation of the parties for a period in excess of 6 months:
I. all property in the separate absolute beneficial ownership of either party, whether pursuant to this Agreement or otherwise, shall remain in the respective absolute beneficial ownership of that party, free from any claim by the other;
II. all joint property shall be distributed between the parties in accordance with this Agreement;
III. the following payments shall be calculated and paid by ________ to ________ within 6 months:
________
B. In the event of the dissolution or annulment of the Marriage or upon the death of either of them, neither party shall make any financial claim of any kind upon or upon the estate of the other.
C. The parties agree that the provisions of this Agreement relating to dissolution or annulment of the Marriage will be incorporated, in so far as they may be relevant, into a consent order and the parties will make joint application to the court for approval of such order, and save as otherwise provided by either party expressly by will, such order will include appropriate dismissal of either party's claim against the estate of the other.
6. 25255
8225822 82 2588 825222222 85588 82 822825525 58 2528222822 25 2528855822 282525 25522 2522 82852255882 252822 88222822 28228 22 252 22525 25 2522 82852255882 252822 252888822 225 252 22525 82 8888, 8258888, 25582 25 225258882 525 8585 828522552 252888822 85588 222 82 822825525 58 8552822 252 22528 525 222282 22 2588 825222222 225 58 28852282 2552 25252 88 25 858 522 55552222222 25 252888822 8228222 252 2552828 225258882 2552 88 822882885882 822258225 82 525 25288525 225 82 2588 825222222.
7. PROVISION ON DEATH
A. In the event of the death of either party the survivor will be entitled to all personal chattels (as defined by the Administration of Estates Act 1925 Section 55(1)(x)) of the deceased save and except those chattels specifically bequeathed by will.
B. In the event of the death of either party the survivor shall also be granted the right to occupy the family home or such other property as shall be owned by the deceased partner and occupied by the survivor as their residence at the date of death rent free until his or her subsequent death or remarriage, subject to payment by him or her of all outgoings in respect of the property and keeping the property in good and tenantable repair and condition and insured to the full value against loss or damage by fire or other usual risk.
8. EXECUTION OF WILLS
The parties agree to execute wills incorporating the terms of clause 6 and clause 7 of this Agreement and not to make any claim upon the estate of the other pursuant to the Inheritance (Provision for Family and Dependants) Act 1975.
9. VARIATION OR AMENDMENT
A. The terms of this Agreement shall be jointly reviewed by the First Party and the Second Party with the benefit of legal advice, when whichever of the following events shall first occur:
I. the birth or adoption of a child to or by the parties; or
II. the inability of the First Party and the Second Party to work for medical reason for a period of more than 12 months; or
III. the First Party and the Second Party involuntarily remaining unemployed for a period of 6 months or more; or
IV. 3 years elapsing from the date of this Agreement.
B. The fact that a review has taken place shall be recorded in writing and signed by the parties as a supplement to this Agreement, and any changes to this Agreement as a result of a review shall be evidenced in writing and signed by both parties.
10. JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and Wales and further, and in any event, if any application is made to the court pursuant to this Agreement or relating to the Marriage the court of England and Wales shall have jurisdiction at that time, and where the courts of one or more other legal jurisdiction shall also have jurisdiction the parties agree that they intend the courts of England and Wales to deal exclusively with such application.
11. PUBLICATION
The parties agree that neither will cause or permit publication in any media of the terms and effect of this Agreement nor any financial details and documents disclosed in accordance with it.
12. SEVERABILITY OF CLAUSES
Where any accepted and recognised body of authority finds any clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement to be unlawful or unenforceable to any such extent, such clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement shall be severed from the remainder of the Agreement and all other remaining clauses, provisions, undertakings, conditions, obligations, terms and all and any other stipulations shall remain in effect and valid to their fullest extent as permitted by the law.
EXECUTED AS A DEED
SIGNED AS A DEED by
__________________________________
Signature of ________
in the presence of
__________________________________
Signature of Witness
__________________________________
Name of Witness (BLOCK CAPITALS)
Address of Witness:.__________________________
__________________________________________
__________________________________________
__________________________________________
SIGNED AS A DEED by
__________________________________
Signature of ________
in the presence of
__________________________________
Signature of Witness
__________________________________
Name of Witness (BLOCK CAPITALS)
Address of Witness:.__________________________
__________________________________________
__________________________________________
__________________________________________
CERTIFICATE OF ADVICE
I, __________________________________ of.__________________________________ certify as follows:
I am a qualified solicitor of the Senior Courts of England and Wales.
Before ________ entered into the pre-marital agreement to which this certificate is annexed, I provided to her independent advice as to the following:
the effect of the agreement on their rights and entitlements;
whether, at the time my advice was given, it was to their advantage financially or otherwise to enter into the agreement;
whether it was prudent for them to enter into the agreement; and
whether in light of such circumstances as were reasonably foreseeable, the provisions of the agreement are fair and reasonable.
I, __________________________________ of.__________________________________ certify as follows:
I am a qualified solicitor of the Senior Courts of England and Wales.
Before ________ entered into the pre-marital agreement to which this certificate is annexed, I provided to them independent advice as to the following:
the effect of the agreement on their rights and entitlements;
whether, at the time my advice was given, it was to their advantage financially or otherwise to enter into the agreement;
whether it was prudent for them to enter into the agreement; and
whether in light of such circumstances as were reasonably foreseeable, the provisions of the agreement are fair and reasonable.
SCHEDULE 1
________'s Private Property
SCHEDULE 2
________'s Private Property
SCHEDULE 3
________'s Means and Circumstances
SCHEDULE 4
________'s Means and Circumstances
Answer the question, then click on "Next".
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