Gay Marriage Prenuptial Agreement Template for England and Wales

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Key Requirements PROMPT example:

Gay Marriage Prenuptial Agreement

"Need a Gay Marriage Prenuptial Agreement that specifically protects my tech startup and future intellectual property rights, while ensuring fair treatment of shared assets acquired during the marriage planned for September 2025."

Document background
The Gay Marriage Prenuptial Agreement is a crucial legal document for same-sex couples planning to marry in England and Wales. It became particularly relevant following the Marriage (Same Sex Couples) Act 2013, which legalized same-sex marriage. This agreement helps couples clearly define their financial arrangements before marriage, including the treatment of pre-marital assets, future acquisitions, and potential inheritance. It requires full financial disclosure from both parties and independent legal advice to be enforceable. The document should be prepared well in advance of the wedding date and can be particularly important for couples with significant assets, business interests, or complex financial arrangements.
Suggested Sections

1. Parties: Details of both parties entering into the prenuptial agreement

2. Background: Context of the agreement, including intended marriage date and purpose

3. Definitions: Key terms used throughout the agreement

4. Financial Disclosure: Declarations regarding full disclosure of assets and liabilities

5. Division of Property: How pre-marital and marital assets will be treated

6. Independent Legal Advice: Confirmation that both parties received independent legal counsel

7. Governing Law: Specification that agreement is governed by laws of England and Wales

Optional Sections

1. Future Assets: Treatment of inheritances or gifts received during marriage - use when parties expect significant future inheritances or gifts

2. Business Interests: Protection of business assets and income - use when either party owns a business

3. Children Provisions: Financial arrangements regarding future children - use when parties plan to have children

4. Review Clause: Provisions for periodic review of agreement - recommended for longer-term stability of agreement

Suggested Schedules

1. Schedule A: Assets of First Party: Detailed list of first party's assets and their values

2. Schedule B: Assets of Second Party: Detailed list of second party's assets and their values

3. Schedule C: Joint Assets: List of any existing joint assets

4. Appendix 1: Certificates of Independent Legal Advice: Signed certificates from both parties' lawyers

5. Appendix 2: Financial Disclosure Statements: 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

Marriage (Same Sex Couples) Act 2013: Primary legislation that legalized same-sex marriage in England and Wales, ensuring equal treatment of same-sex marriages under law

Matrimonial Causes Act 1973: Provides the framework for financial orders in divorce and contains Section 25 factors that courts consider when dividing assets

Civil Partnership Act 2004: Although primarily for civil partnerships, contains relevant principles applicable to same-sex marriage agreements

Radmacher v Granatino [2010] UKSC 42: Leading case law on prenuptial agreements, establishing that courts should give effect to prenuptial agreements if freely entered into

Independent Legal Advice Requirement: Both parties must receive independent legal advice with clear documentation of advice received

Financial Disclosure Requirement: Full and frank financial disclosure required, including detailed schedules of assets and liabilities

Timing Considerations: Agreement must be signed well before the wedding with no undue pressure or duress

Fairness Test: Legal requirement that the agreement must be fair and reasonable and cannot leave either party in real need

Review Provisions: Agreement should include regular review clauses and provisions for significant life changes

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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