Prenuptial Agreement For Second Marriage Template for England and Wales

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Key Requirements PROMPT example:

Prenuptial Agreement For Second Marriage

"Need a Prenuptial Agreement For Second Marriage that specifically protects my business assets and ensures my two children from my previous marriage retain their inheritance rights, with the agreement to be signed before my wedding in March 2025."

Document background
A Prenuptial Agreement For Second Marriage is particularly crucial in England and Wales where parties often enter the union with substantial existing assets, children from previous relationships, and complex financial obligations. This document provides clear arrangements for asset division and financial responsibilities, taking into account the unique circumstances of second marriages. It is designed to protect both parties' interests while ensuring fairness and compliance with English law, particularly following the precedent set by Radmacher v Granatino. The agreement typically includes detailed provisions for pre-acquired assets, pension rights, inheritance considerations, and arrangements for existing dependents.
Suggested Sections

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

2. 2. Background: Context of the marriage, previous marriages, and reason for agreement

3. 3. Definitions: Key terms used throughout the agreement

4. 4. Pre-marital Assets: Declaration and treatment of assets owned before marriage

5. 5. Financial Disclosure: Summary of both parties' financial positions

6. 6. General Principles: Core agreements about asset division and financial arrangements

Optional Sections

1. Children's Provisions: Special provisions regarding children from previous marriages, including financial arrangements and inheritance considerations

2. Business Assets: Specific provisions for protecting business interests and their treatment in case of divorce

3. Inheritance Provisions: Special provisions for inherited wealth or expected inheritance from family members

4. Foreign Assets: Provisions dealing with overseas property and assets, including jurisdiction considerations

Suggested Schedules

1. Schedule 1: Assets Schedule: Detailed list of pre-marital assets of both parties

2. Schedule 2: Financial Disclosure: Detailed financial statements from both parties

3. Schedule 3: Property Details: Details of owned properties and their agreed treatment

4. Appendix A: Independent Legal Advice Certificates: Confirmation that both parties received independent legal advice

5. Appendix B: 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 legal definitions
Clauses
Industries

Matrimonial Causes Act 1973: Primary legislation governing divorce in England and Wales, particularly Section 25 which outlines the factors courts consider when dividing assets in divorce. Essential for understanding how courts might treat the prenuptial agreement if contested.

Radmacher v Granatino [2010] UKSC 42: Landmark Supreme Court case establishing that courts should give effect to prenuptial agreements if they are freely entered into, parties fully understand implications, and it's not unfair to enforce in the circumstances at time of divorce.

Law Commission's 2014 Report: While not legislation, this report on Matrimonial Property, Needs and Agreements provides crucial guidance on the treatment and drafting of prenuptial agreements in England and Wales.

Family Law Act 1996: Legislation containing important provisions regarding the matrimonial home and its treatment in marriage agreements and divorce proceedings.

Inheritance Act 1975: The Inheritance (Provision for Family and Dependants) Act 1975 is crucial for provisions relating to death and inheritance, particularly relevant in second marriages where there may be children from previous relationships.

Second Marriage Considerations: Special considerations including: protection of children from previous marriages, pre-acquired assets, pension rights, existing maintenance obligations, and inherited wealth protection measures.

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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