Post Nup Agreement Template for England and Wales

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Key Requirements PROMPT example:

Post Nup Agreement

"I need a Post Nup Agreement to protect my recently inherited business assets and establish clear terms for their separation from our matrimonial property, ensuring my spouse and I have clarity on how these assets would be treated in case of divorce."

Document background
Post Nup Agreements have become increasingly common in England and Wales as couples seek to provide clarity and certainty about their financial arrangements during marriage. This type of agreement is particularly useful when there have been significant changes in financial circumstances after marriage, such as inheritance, business success, or property acquisition. The Post Nup Agreement allows couples to formally document their intentions regarding asset division, financial responsibilities, and property rights. Following the landmark case of Radmacher v Granatino, these agreements carry significant weight in English courts when properly executed with full financial disclosure and independent legal advice.
Suggested Sections

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

2. Background: Circumstances leading to the agreement and marriage details

3. Definitions: Key terms used throughout the agreement

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

5. Division of Property: Agreement on how current assets will be divided

6. Future Property: Treatment of assets acquired after the agreement

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

Optional Sections

1. Children Provisions: Provisions regarding existing children or future children, including financial arrangements and responsibilities

2. Business Interests: Specific provisions for protection of business assets and income, including valuation methods and division in case of divorce

3. Inheritance: Provisions dealing with expected inheritances and how they should be treated within the marriage

4. Review Mechanism: Framework for periodic review of the agreement and circumstances under which it can be modified

Suggested Schedules

1. Schedule of Assets: Detailed inventory of all assets owned by both parties at the time of agreement

2. Schedule of Liabilities: Comprehensive list of all debts and financial obligations of both parties

3. Financial Disclosure Statements: Detailed financial information provided by both parties including income, assets, and liabilities

4. Property Valuations: Professional valuations of significant assets including real estate and business interests

5. Certificates of Independent Legal Advice: Signed certificates from legal representatives confirming independent legal advice was provided

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 and financial orders in England and Wales, particularly relevant for sections dealing with financial orders and property division in divorce proceedings

Law of Property Act 1925: Fundamental legislation regarding property rights and interests in England and Wales, essential for determining how property is held and transferred between spouses

Married Women's Property Act 1882: Historical but still relevant legislation concerning married women's rights to own property independently of their husbands

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

MacLeod v MacLeod [2008] UKPC 64: Pivotal Privy Council case specifically addressing post-nuptial agreements, confirming their enforceability under English law

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

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

Absence of Duress: Legal requirement that the agreement must be entered into freely without undue pressure or coercion

Fairness Consideration: Legal principle requiring the agreement to be fair and reasonable at the time of creation and enforcement

Child Provision Requirements: Legal obligation to ensure adequate provision for any children of the family in the agreement

Review Mechanisms: Inclusion of provisions for future review or variation of the agreement in response to significant changes in circumstances

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

Find the exact document you need

Post Nup Agreement

A legally binding agreement made after marriage under English law to regulate financial arrangements between spouses in case of divorce.

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