Marital Property Agreement Template for England and Wales

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Key Requirements PROMPT example:

Marital Property Agreement

"I need a Marital Property Agreement to protect my business assets and future inheritance, as I'm getting married in March 2025 and want to ensure my company shares and expected family trust distributions remain separate from matrimonial assets."

Document background
A Marital Property Agreement is essential for couples in England and Wales who wish to establish clarity regarding their financial arrangements before or during marriage. These agreements are particularly relevant for individuals with significant assets, business interests, inheritances, or those entering second marriages. While historically such agreements were not automatically binding in English courts, recent case law, particularly Radmacher v Granatino, has established that courts will generally respect these agreements if they are properly executed with full financial disclosure and independent legal advice. The agreement typically covers existing assets, future acquisitions, inheritance, business interests, and potential future claims.
Suggested Sections

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

2. Background: Context of the agreement and relationship status

3. Definitions: Key terms used throughout the agreement

4. Financial Disclosure: Statement of assets, liabilities, and income of both parties

5. Division of Property: How existing property will be divided or retained

6. Future Property: Treatment of property acquired during marriage

7. Independent Legal Advice: Confirmation that both parties received independent legal advice

Optional Sections

1. Inheritance Provisions: Treatment of inherited assets - include if either party has significant inheritance

2. Business Assets: Protection of business interests - include if either party owns a business

3. Children Provisions: Include if parties have or plan to have children

4. International Assets: Include if either party has overseas assets

5. Review Clause: Provisions for reviewing agreement - include for longer marriages or significant asset changes

Suggested Schedules

1. Schedule of Assets: Detailed list of all assets owned by both parties

2. Schedule of Liabilities: Detailed list of all debts and liabilities

3. Property Valuations: Professional valuations of significant assets

4. Certificates of Independent Legal Advice: Signed certificates from each party's legal advisor

5. Financial Disclosure Statements: Detailed financial information 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 legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Matrimonial Causes Act 1973: Primary legislation governing divorce in England and Wales, particularly Section 25 which outlines the factors courts must consider when making financial orders in divorce proceedings

Radmacher v Granatino [2010] UKSC 42: Supreme Court landmark case that established the principle that courts should give effect to nuptial agreements if freely entered into, unless it would be unfair to do so

White v White [2000] UKHL 54: House of Lords case that established the principle of equal division as a starting point in matrimonial property division

Law of Property Act 1925: Fundamental legislation governing property rights and interests in England and Wales

Married Women's Property Act 1882: Historic legislation establishing married women's independent property rights, still relevant to modern marital property considerations

Civil Partnership Act 2004: Legislation containing provisions relating to civil partnerships and property rights of civil partners

Human Rights Act 1998: Legislation incorporating European Convention rights into UK law, particularly Article 1 Protocol 1 regarding protection of property

Family Justice Council Guidance: Official guidance on Financial Needs on Divorce, providing framework for addressing financial needs in matrimonial agreements

Law Commission Report 2014: Comprehensive report on Matrimonial Property, Needs and Agreements, providing recommendations for the treatment of marital agreements

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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