Prenuptial Agreement Foreign Marriage Template for England and Wales

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Key Requirements PROMPT example:

Prenuptial Agreement Foreign Marriage

"I need a Prenuptial Agreement Foreign Marriage to protect my tech company assets and international property portfolio, as I'm marrying my French fiancée in March 2025 and want to ensure clarity regarding our pre-marital assets."

Document background
A Prenuptial Agreement Foreign Marriage is essential when couples planning to marry have international connections or assets in multiple jurisdictions. The document, governed by England and Wales law, provides clarity on asset division and financial arrangements in case of marriage breakdown. It must be executed well before the marriage, include comprehensive financial disclosure, and ensure both parties receive independent legal advice. The agreement should comply with both English law requirements and consider relevant international private law principles to maximize its enforceability across different jurisdictions.
Suggested Sections

1. Parties: Full details of both parties including full names, addresses, and occupations

2. Background: Context of the agreement, including intended marriage details and acknowledgment of applicable laws

3. Definitions: Key terms used throughout the agreement including relevant legal terminology

4. Financial Disclosure: Declarations and warranties regarding full disclosure of both parties' assets, income, and liabilities

5. Property Rights: Treatment of existing and future property, including marital home and separate property

6. Income and Maintenance: Provisions regarding spousal maintenance and income rights during marriage and upon divorce

7. Debts and Liabilities: Treatment of existing and future debts and financial obligations

8. Legal Requirements: Acknowledgments of independent legal advice, timing requirements, and voluntary execution

9. Governing Law: Specification of England and Wales as governing law and jurisdiction clauses

10. Duration and Review: Term of the agreement and provisions for periodic review

Optional Sections

1. Children Provisions: Provisions regarding existing children and future children (note: cannot bind court on child matters)

2. Business Interests: Protection and treatment of business assets and future business ventures

3. International Property: Special provisions for assets located in foreign jurisdictions

4. Inheritance and Gifts: Treatment of inherited assets and gifts received before and during marriage

5. Pensions: Treatment of existing and future pension rights

Suggested Schedules

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

2. Schedule 2: Schedule of Liabilities: Detailed inventory of both parties' liabilities at time of agreement

3. Schedule 3: Financial Disclosure Summary: Summary of financial positions of both parties

4. Appendix A: Independent Legal Advice Certificates: Certificates from both parties' lawyers confirming independent legal advice

5. Appendix B: Supporting Financial Documentation: Key financial documents evidencing assets and liabilities declared

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

Radmacher v Granatino [2010] UKSC 42: Landmark Supreme Court case establishing the principle that prenuptial agreements should be given effect if freely entered into by the parties

Matrimonial Causes Act 1973: Key legislation governing divorce and financial settlements in England and Wales, particularly Section 25 which outlines factors courts consider in financial settlements. Relevant as prenups are not automatically legally binding

Human Rights Act 1998: Relevant articles include Article 8 (right to respect for private and family life) and Article 1 of Protocol 1 (protection of property)

Civil Partnership Act 2004: Legislation governing civil partnerships and relevant considerations for relationship status in prenuptial agreements

Brussels II bis Regulation: European Union regulation concerning jurisdiction and recognition in matrimonial matters (relevant until end of Brexit transition)

Domicile and Matrimonial Proceedings Act 1973: Legislation governing jurisdictional matters in matrimonial proceedings involving international elements

Hague Convention on Law Applicable to Matrimonial Property Regimes: International treaty providing rules for determining which country's laws apply to matrimonial property in cross-border marriages

Foreign Marriage Act 1892: Historical legislation still relevant for determining the recognition of foreign marriages under English law

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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