Post Prenup Agreement Template for England and Wales

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Key Requirements PROMPT example:

Post Prenup Agreement

"Need a Post Prenup Agreement to protect my new business interests and recently received inheritance, with specific provisions for maintaining separate ownership of these assets acquired during our five-year marriage."

Document background
A Post Prenup Agreement is utilized when married couples wish to formally arrange their financial affairs after their wedding has taken place. This document becomes particularly relevant when there are significant changes in financial circumstances, inheritance, or business interests during the marriage. Under English and Welsh law, while not automatically binding, these agreements carry substantial weight in court proceedings if properly executed with full financial disclosure, independent legal advice, and fair terms. The agreement typically covers asset division, financial responsibilities, and can include provisions for children and future inheritances.
Suggested Sections

1. Parties: Details of both spouses including full names, addresses, and occupations

2. Background: Information about the marriage, date of marriage, and reason for post-nuptial agreement

3. Definitions: Key terms used throughout the agreement

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

5. Property Division: Agreement on division of property and assets

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

Optional Sections

1. Children Provisions: Provisions regarding financial arrangements and support for children from the marriage

2. Business Interests: Provisions regarding business ownership and interests when either party owns business assets

3. Inheritance Rights: Provisions regarding future inheritances and how they will be treated under the agreement

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. Financial Disclosure Statements: Formal statements of financial position for both parties

4. Property Valuations: Professional valuations of significant assets

5. Certificates of Independent Legal Advice: Signed certificates from each party's legal advisor confirming independent advice received

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
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 upon divorce

Matrimonial Property Act 1970: Legislation concerning rights and interests in matrimonial property between spouses

Law Reform (Miscellaneous Provisions) Act 1970: Contains various provisions affecting matrimonial property rights and legal reforms relevant to marriage

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

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: Legal principle requiring both parties to obtain separate and independent legal counsel before entering into the agreement

Absence of Undue Pressure: Legal requirement that neither party should be under duress or undue pressure when entering into the agreement

Fairness Test: Legal principle requiring the agreement to meet standards of fairness and reasonableness in its provisions

Child Provision Consideration: Legal requirement to ensure adequate provision for any children of the marriage

Reasonable Needs Consideration: Legal principle requiring the agreement to meet the reasonable needs of both parties

Human Rights Act 1998: Legislation ensuring compliance with human rights considerations in matrimonial agreements

Family Law Act 1996: Legislation containing provisions relevant to family law and matrimonial proceedings

Married Women's Property Act 1882: Historic legislation establishing married women's right to own property separately from their husbands, still relevant for property rights considerations

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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