Divorce Postnuptial Agreement Template for England and Wales

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Key Requirements PROMPT example:

Divorce Postnuptial Agreement

"I need a Divorce Postnuptial Agreement to formalize the separation from my spouse, including division of our London property portfolio and arrangements for our three children, with completion targeted for March 2025."

Document background
A Divorce Postnuptial Agreement is utilized when married couples in England and Wales have decided to separate and wish to formalize their arrangements prior to divorce proceedings. This document serves as a comprehensive framework for managing the separation process, including asset division, financial responsibilities, and family arrangements. The agreement must align with the requirements of English family law and typically includes detailed provisions for property division, maintenance payments, pension arrangements, and child-related matters. While not automatically binding on the courts, these agreements carry significant weight in subsequent divorce proceedings when properly executed with independent legal advice.
Suggested Sections

1. Parties: Details of both spouses including full names, addresses, and occupations

2. Background: Marriage date, separation date, and reasons for the agreement

3. Definitions: Key terms used throughout the agreement

4. Financial Provisions: Details of financial settlements, maintenance, and property division

5. Property Arrangements: Division of matrimonial home and other properties

6. Children Arrangements: If applicable, arrangements for children including residence and contact

Optional Sections

1. Pension Arrangements: Used when pension sharing or attachment orders are required

2. Business Interests: When either party has business assets to be considered

3. International Assets: When parties have assets in multiple jurisdictions

4. Future Inheritance: When expected inheritances need to be addressed

Suggested Schedules

1. Schedule of Assets: Comprehensive list of all matrimonial assets and their values

2. Schedule of Liabilities: List of all joint and individual debts

3. Property Schedule: Details of all properties owned individually or jointly

4. Financial Disclosure: Detailed financial statements from both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Matrimonial Causes Act 1973: Primary legislation governing divorce in England and Wales, particularly sections relating to financial provisions, property settlement, and Section 25 factors for financial settlement considerations

Family Law Act 1996: Key legislation containing provisions relating to domestic arrangements and property rights in family matters

Matrimonial and Family Proceedings Act 1984: Legislation concerning financial relief after foreign divorce proceedings and related matters

Family Law Reform Act 1969: Contains general provisions affecting family arrangements and settlements

Radmacher v Granatino [2010] UKSC 42: Landmark Supreme Court decision establishing the weight and validity given to nuptial agreements in English law

Edgar v Edgar [1980] EWCA Civ 2: Important case law establishing key principles regarding post-separation agreements

Family Procedure Rules 2010: Civil Procedure Rules specific to family proceedings, establishing procedural requirements and protocols

The Law Society Family Law Protocol: Professional guidelines establishing best practice standards for family law matters

GDPR and Data Protection Act 2018: Legislation governing the handling and protection of personal data in legal agreements and proceedings

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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