Matrimonial Agreement Template for England and Wales

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Key Requirements PROMPT example:

Matrimonial Agreement

"Need a Matrimonial Agreement to protect my substantial business assets and overseas properties before my wedding in March 2025, with specific provisions for future inheritance from family business."

Document background
A Matrimonial Agreement is a crucial document for couples in England and Wales who wish to establish clear financial arrangements either before or during their marriage. The agreement typically covers division of assets, maintenance provisions, property rights, and financial responsibilities. While historically such agreements were not enforceable in England and Wales, recent case law has established that courts will generally uphold them if they meet certain criteria: they must be freely entered into, with full financial disclosure, independent legal advice, and reasonable terms. The agreement should be regularly reviewed and updated to reflect changing circumstances.
Suggested Sections

1. Parties: Full legal names and addresses of both parties

2. Background: Circumstances of marriage, intent of agreement, confirmation of independent legal advice

3. Definitions: Key terms used throughout the agreement

4. Financial Disclosure: Complete statement of both parties' assets, liabilities, and income

5. Division of Property: How current and future property will be owned and divided

6. Maintenance Provisions: Arrangements for spousal maintenance, if any

7. Review and Amendment: Provisions for periodic review and amendment of the agreement

8. Governing Law: Confirmation that the agreement is governed by laws of England and Wales

Optional Sections

1. Children Provisions: Used when parties have or plan to have children - covers financial arrangements for children

2. Business Interests: Protection of business assets and income - used when either party owns or has interest in business ventures

3. Inheritance and Gifts: Treatment of inherited assets and significant gifts - used when parties expect significant inheritance or gifts

4. International Assets: Provisions for overseas property and assets - used when parties have assets in multiple jurisdictions

5. Retirement Provisions: Specific arrangements for pension and retirement benefits - used when parties have significant pension assets

Suggested Schedules

1. Schedule of Assets: Detailed inventory of both parties' assets at time of agreement

2. Schedule of Liabilities: List of all debts and financial obligations

3. Certificate of Independent Legal Advice: Signed statements from both parties' lawyers confirming advice given

4. Financial Disclosure Statements: Detailed financial information including bank statements, valuations, and supporting documents

5. Schedule of Future Assets: List of expected future assets including inheritances and business interests

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

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

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

Marriage Act 1949: Fundamental legislation establishing the basic requirements for valid marriages in England and Wales

Human Rights Act 1998: Incorporates European Convention rights including Article 8 (right to respect for private and family life) and Article 1 of Protocol 1 (protection of property)

Radmacher v Granatino [2010] UKSC 42: Landmark Supreme Court case establishing that courts should give effect to nuptial agreements if freely entered into, unless unfair

White v White [2000] UKHL 54: Key case law establishing the principle of equality in distribution of matrimonial assets

Family Procedure Rules 2010: Set of rules governing procedural requirements for family proceedings in England and Wales

Law Society Family Law Protocol: Professional guidelines establishing best practices for family law matters including matrimonial agreements

Financial Disclosure Requirement: Mandatory requirement for both parties to provide full and frank disclosure of all financial assets

Independent Legal Advice: Requirement for both parties to receive separate and independent legal counsel before signing the agreement

28-Day Rule: Best practice requirement that prenuptial agreements should be signed at least 28 days before the wedding

No Duress Principle: Legal requirement that the agreement must be entered into freely without undue pressure or duress

Child Provision Requirement: Mandatory consideration and inclusion of appropriate provisions for any children in the marriage

Review Clause Requirement: Best practice requirement to include provisions for regular review and potential updates to the agreement

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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