Pre-Nuptial Agreement - Template, Sample Form Online Pro · UK-law

PRE-NUPTIAL AGREEMENT

executed as a deed for use in England and Wales

This DEED is dated ________

PARTIES

(1) ________ (date of birth ________) of:

________

(the "First Party"); and

(2) ________ (date of birth ________) of:

________

(the "Second Party"),

together the "Parties" and each a "Party".

BACKGROUND

(A) This Agreement is made in contemplation of, and is conditional upon, the intended marriage of the Parties to be solemnised on or about ________ at ________ (the "Marriage").

(B) The Parties intend to record their respective intentions regarding their finances and property in the event that their Marriage breaks down and a divorce or other matrimonial order is made.

(C) Each Party has acquired their separate property, as set out in Schedule 1 and Schedule 2, independently of and without contribution from the other.

(D) Each Party has made full, frank and clear disclosure of their respective means, income, assets, liabilities and financial circumstances, which are summarised in Schedule 3 and Schedule 4. Each Party confirms that such disclosure is true and complete to the best of their knowledge and belief.

(E) Any jointly owned property and assets of the Parties are listed in Schedule 5.

(F) Each Party intends this Agreement to be legally binding and to be given decisive weight by the court, following the principles established in Radmacher v Granatino [2010] UKSC 42.

(G) Each Party is entering into this Agreement freely, voluntarily and without any undue pressure, duress or improper influence from the other or any third party.

(H) Each Party has received independent legal advice as to the meaning and effect of this Agreement, as evidenced by the Certificates of Advice annexed to it.

(I) Each Party fully appreciates the implications of this Agreement upon their respective rights and entitlements. The Parties acknowledge and agree that it is not possible by agreement to oust the jurisdiction of the court under the Matrimonial Causes Act 1973, and that the court retains an overriding discretion, in particular to ensure that the reasonable financial needs of each Party and of any children are met.

(J) Each Party is domiciled and habitually resident in England and Wales.

(K) The Parties intend that this Agreement shall bind their respective heirs, successors, trustees, personal representatives and assigns.

OPERATIVE PROVISIONS

1. CONDITION AND DATE OF EFFECT

1.1. This Agreement shall take effect upon the solemnisation of a valid Marriage between the Parties.

1.2. If the Marriage is not solemnised within 12 months of the date of this Agreement, this Agreement shall be deemed discharged and of no effect, unless revived by a supplemental deed executed by both Parties.

1.3. In this Agreement, references to a "divorce order" include a dissolution order, a decree of nullity, a decree of judicial separation and any equivalent order, and references to the breakdown of the Marriage shall be construed accordingly.

2. FAMILY HOME

2.1. The intended family home is:

________

(the "Family Home").

2.2. The Family Home is legally and beneficially vested in the sole name of ________. Notwithstanding any contribution which the other Party may make or has made, whether directly or indirectly, towards the purchase price, the mortgage, the maintenance or the improvement of the Family Home, that Party has acquired and shall acquire no beneficial interest in it, save to the extent that the Parties otherwise agree in writing.

2.3. The Parties acknowledge that this clause is subject to the overriding duty of the court to ensure the reasonable housing needs of each Party and of any children of the family are met.

3. SEPARATE PROPERTY AND ASSETS

3.1. All assets held by either Party individually in their sole name prior to the Marriage shall remain in that Party's sole and absolute beneficial ownership following the Marriage and any subsequent divorce order.

3.2. All assets acquired by either Party during the Marriage by way of gift or inheritance shall remain in that Party's sole and absolute beneficial ownership during the Marriage and following any subsequent divorce order.

3.3. Neither Party shall make any claim, whether during the Marriage or upon its breakdown, to any property in the separate beneficial ownership of the other, and each Party agrees to release all rights and to refrain from pursuing any claim in respect of rights which may accrue by reason of the Marriage over the property of the other, whether acquired before or after the Marriage.

3.4. Each Party shall retain full control of their separate real and personal property wherever situated and shall be entitled to sell, lease, charge, mortgage or otherwise dispose of such property, and to receive all income, rent and profits derived from it, without restriction or interference from the other.

3.5. All chattels and items of personal use or adornment purchased during the Marriage by a Party shall be the sole property of the purchasing Party, irrespective of the method of acquisition, unless otherwise agreed in writing.

4. PROVISION ON DIVORCE

In the event that a divorce order is made in relation to the Marriage, the following shall apply.

Separate property

4.1. The separate property of each Party shall be dealt with in accordance with Sections 2 and 3 above.

Jointly owned property and assets

4.2. All jointly owned property, assets and savings shall be divided between the Parties in equal shares, save where any asset is agreed in writing between the Parties to be owned in unequal shares (subject to clause 4.3).

Family home

4.3. The Family Home shall be dealt with in the manner set out in Section 2 above.

Spousal maintenance

4.4. Each Party agrees that they will not seek periodical payments, a lump sum order, a property adjustment order or any other financial provision from the other under the Matrimonial Causes Act 1973, save to the extent necessary to meet that Party's reasonable financial needs as determined by the court.

Provision for children

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Debts and credit agreements

4.6. Each Party shall remain solely liable for all current and future debts and liabilities incurred in their sole name.

4.7. All credit or finance agreements entered into by either Party in their sole name shall remain the sole responsibility of that Party and shall be discharged by that Party.

5. INCOME AND BANK ACCOUNTS

5.1. The income of each Party derived from their respective employment, business, investments or any other source shall remain the separate property of that Party, and the other Party shall acquire no interest in or entitlement to it by reason of the Marriage.

5.2. Each Party shall retain in their sole name and absolute beneficial ownership any bank, building society or other account held in their sole name, together with all monies and savings standing to the credit of such account, both before and during the Marriage and following any subsequent divorce order.

6. PENSIONS

6.1. Each Party agrees that the pension rights, benefits and entitlements accrued by the other Party, whether before or during the Marriage, shall remain the separate property of that Party.

6.2. Neither Party shall seek a pension sharing order, a pension attachment order or any other order in respect of the pension arrangements of the other under the Matrimonial Causes Act 1973 or the Welfare Reform and Pensions Act 1999, save to the extent necessary to meet that Party's reasonable financial needs as determined by the court.

7. PROVISION ON DEATH

7.1. In the event of the death of either Party, the survivor shall be entitled to all personal chattels (as defined by section 55(1)(x) of the Administration of Estates Act 1925, as amended) of the deceased, save for those chattels specifically bequeathed by will.

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8. EXECUTION OF WILLS

The Parties agree to execute wills incorporating the terms of Sections 6 and 7 of this Agreement, and not to bring any claim against the estate of the other under the Inheritance (Provision for Family and Dependants) Act 1975, save to the extent necessary to meet a reasonable need that the court may otherwise determine.

9. REVIEW, VARIATION OR AMENDMENT

9.1. The Parties shall jointly review the terms of this Agreement, with the benefit of independent legal advice, upon the first to occur of the following events:

9.1.1. the birth or adoption of a child to or by the Parties;

9.1.2. the inability of either Party to work for medical reasons for a period of more than 12 months;

9.1.3. either Party involuntarily remaining unemployed for a period of 6 months or more; or

9.1.4. the expiry of 3 years from the date of this Agreement.

9.2. The fact that a review has taken place shall be recorded in writing and signed by both Parties as a supplement to this Agreement. Any variation or amendment of this Agreement shall be valid only if made in writing, signed by both Parties and executed as a deed.

10. INDEPENDENT LEGAL ADVICE AND DISCLOSURE

10.1. Each Party confirms that they have had the opportunity to take, and have taken, independent legal advice from a solicitor of their own choosing as to the nature, meaning and effect of this Agreement.

10.2. Each Party confirms that they have had a reasonable opportunity to consider the terms of this Agreement, and that it has been executed not less than 28 days before the date of the Marriage.

10.3. Each Party confirms that they have provided full and frank financial disclosure as set out in Schedules 3 and 4 and that they have entered into this Agreement freely and without undue influence or duress.

11. GOVERNING LAW AND JURISDICTION

This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales. The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

12. CONFIDENTIALITY

Neither Party shall cause or permit publication in any media of the terms or effect of this Agreement, or of any financial details or documents disclosed in accordance with it, save as required by law or for the purpose of obtaining legal advice or enforcing this Agreement.

13. SEVERABILITY

If any provision or part of any provision of this Agreement is held to be invalid or unenforceable, it shall be deemed deleted, but such deletion shall not affect the validity or enforceability of the remaining provisions.

14. ENTIRE AGREEMENT

This Agreement, together with its Schedules and the annexed Certificates of Advice, constitutes the entire agreement between the Parties relating to its subject matter and supersedes any prior agreement, representation or understanding between them.

EXECUTION

This document has been executed as a deed and is delivered and takes effect on the date stated at the beginning of it.

EXECUTED AS A DEED BY ________

DATED: ________

SIGNATURE:

___________________

________

In the presence of:

NAME OF WITNESS: ________

SIGNATURE OF WITNESS:

_________________

ADDRESS OF WITNESS: ________

OCCUPATION OF WITNESS: ________

EXECUTED AS A DEED BY ________

DATED: ________

SIGNATURE:

___________________

________

In the presence of:

NAME OF WITNESS: ________

SIGNATURE OF WITNESS:

_________________

ADDRESS OF WITNESS: ________

OCCUPATION OF WITNESS: ________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE \u2014 FIRST PARTY

I, ________ of ________, certify as follows:

I am a solicitor of the Senior Courts of England and Wales, holding a current practising certificate.

Before ________ entered into the deed to which this certificate is annexed, I provided to ________ independent legal advice as to:

a) the effect of this Agreement upon their rights and entitlements; and

b) the advantages and disadvantages of entering into this Agreement.

SIGNED:

__________________________

NAME OF SOLICITOR: ________

DATED: ________

I, ________ of:

________

confirm that, prior to entering into this deed, I received independent legal advice as set out above. I have made full and frank disclosure of my financial circumstances and I have entered into this Agreement of my own free will. I intend the court to give decisive weight to this Agreement, save to the extent necessary to meet the reasonable financial needs of the Parties and of any child of the family.

SIGNED:

__________________________

________

DATED: ________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE \u2014 SECOND PARTY

I, ________ of ________, certify as follows:

I am a solicitor of the Senior Courts of England and Wales, holding a current practising certificate.

Before ________ entered into the deed to which this certificate is annexed, I provided to ________ independent legal advice as to:

a) the effect of this Agreement upon their rights and entitlements; and

b) the advantages and disadvantages of entering into this Agreement.

SIGNED:

__________________________

NAME OF SOLICITOR: ________

DATED: ________

I, ________ of:

________

confirm that, prior to entering into this deed, I received independent legal advice as set out above. I have made full and frank disclosure of my financial circumstances and I have entered into this Agreement of my own free will. I intend the court to give decisive weight to this Agreement, save to the extent necessary to meet the reasonable financial needs of the Parties and of any child of the family.

SIGNED:

__________________________

________

DATED: ________

SCHEDULE 1

The First Party's separately owned property and assets at the time of making this Agreement:

________

SCHEDULE 2

The Second Party's separately owned property and assets at the time of making this Agreement:

________

SCHEDULE 3

The First Party's means and financial circumstances at the time of making this Agreement:

________

SCHEDULE 4

The Second Party's means and financial circumstances at the time of making this Agreement:

________

SCHEDULE 5

All jointly owned assets and property of the Parties at the time of making this Agreement:

________