Nuptial Agreement Template for England and Wales

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Key Requirements PROMPT example:

Nuptial Agreement

"I need a Nuptial Agreement to protect my business assets and future inheritance before my wedding in March 2025, with specific provisions for property owned in both England and Spain."

Document background
Nuptial Agreements are increasingly common in England and Wales, particularly among high-net-worth individuals or those entering second marriages. The agreement can be created before marriage (prenuptial) or after marriage (postnuptial) and typically includes detailed financial disclosure, asset division plans, and provisions for future changes in circumstances. While historically not automatically binding in English courts, these agreements have gained significant weight following the 2010 Supreme Court decision in Radmacher v Granatino, provided they meet specific fairness and procedural requirements.
Suggested Sections

1. Parties: Full 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: Details of assets, liabilities, and income of both parties

5. Division of Property: How assets will be divided in case of separation

6. Governing Law: Specification of applicable law and jurisdiction

Optional Sections

1. Future Property: Treatment of assets acquired after marriage, used when parties want to address future acquisitions

2. Inheritance Rights: Treatment of inherited assets, included when significant inheritance is expected

3. Business Interests: Protection of business assets, included when either party owns a business

4. Children Provisions: Arrangements for existing or future children, included when children are involved or planned

Suggested Schedules

1. Schedule of Assets: Detailed list of current assets and their values

2. Schedule of Liabilities: Detailed list of current debts and obligations

3. Legal Advice Certificates: Signed certificates from both parties' legal advisors

4. Financial Disclosure Statements: Detailed financial information from both parties

5. Property Valuations: Professional valuations of significant assets

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

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

Matrimonial Causes Act 1973: Primary legislation governing divorce and financial provision in England and Wales, particularly Section 25 factors that courts must consider

Civil Partnership Act 2004: Legislation establishing civil partnerships and relevant for consideration in nuptial agreements involving civil partners

Human Rights Act 1998: Legislation protecting fundamental rights that may impact the enforceability and interpretation of nuptial agreements

Family Law Act 1996: Legislation providing framework for family law matters including aspects of matrimonial proceedings

Matrimonial and Family Proceedings Act 1984: Legislation governing various aspects of matrimonial and family proceedings in England and Wales

Full Financial Disclosure Requirement: Legal principle requiring both parties to provide complete and honest disclosure of all financial assets and liabilities

Independent Legal Advice Requirement: Procedural requirement that both parties must obtain separate and independent legal advice before signing the agreement

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

Statement of Truth Requirement: Procedural requirement for both parties to sign statements confirming the truthfulness of their disclosures

Legal Advisor Certificates: Documentation required from legal advisors confirming independent legal advice has been given to each party

Review Clause Requirement: Best practice requirement to include provisions for regular review of the agreement, particularly upon significant life events

Child Provision Consideration: Legal requirement that any provisions relating to children must be reasonable and in their best interests

Execution and Witnessing Requirements: Procedural requirements for proper signing and witnessing of the agreement to ensure legal validity

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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