Property Prenuptial Agreement Template for England and Wales

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Key Requirements PROMPT example:

Property Prenuptial Agreement

"I need a Property Prenuptial Agreement to protect my portfolio of three London properties before my marriage in March 2025, with specific provisions for rental income and future property acquisitions in Spain."

Document background
Property Prenuptial Agreements are essential tools for individuals entering marriage with significant property assets in England and Wales. These agreements have gained increasing recognition following the landmark Radmacher v Granatino case in 2010. The document typically covers existing property portfolios, future acquisitions, rental income, and mortgage obligations. It's particularly relevant when one or both parties own substantial property assets or anticipate inheriting or acquiring properties during the marriage. The Property Prenuptial Agreement must be executed well in advance of the marriage, with both parties receiving independent legal advice to ensure enforceability.
Suggested Sections

1. Parties: 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. Property Details: Comprehensive list of properties owned by either party

5. Division of Property: Agreed arrangements for property division in case of separation

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

7. Governing Law: Specification that the agreement is governed by the laws of England and Wales

8. Execution: Signing provisions and witness requirements

Optional Sections

1. Future Property Acquisitions: Provisions for treatment of properties acquired during marriage

2. Rental Income: Provisions for the treatment of rental income from properties

3. Mortgage Responsibilities: Provisions for division of mortgage obligations and responsibilities

4. Property Maintenance: Provisions for ongoing maintenance responsibilities and costs for properties

5. Foreign Property: Special provisions for properties located outside England and Wales

Suggested Schedules

1. Schedule 1: Property Inventory: Detailed list of all properties with current market valuations

2. Schedule 2: Property Documents: Copies of property titles and relevant documentation

3. Schedule 3: Financial Disclosure: Complete financial statements and property valuations from both parties

4. Schedule 4: Legal Advice Certificates: Signed certificates from both parties' independent legal advisors

5. Schedule 5: Property Photographs: Current photographs and condition reports of listed properties

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
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Matrimonial Causes Act 1973: Primary legislation governing divorce in England and Wales, particularly Section 25 which outlines the factors courts must consider when making financial orders in divorce proceedings.

Law of Property Act 1925: Fundamental legislation governing property rights and interests in England and Wales, essential for determining how property ownership is structured within the prenuptial agreement.

Matrimonial and Family Proceedings Act 1984: Legislation relating to financial relief in matrimonial cases, providing framework for financial arrangements in marriage and divorce.

Radmacher v Granatino [2010] UKSC 42: Supreme Court landmark case establishing that courts should give effect to prenuptial agreements if freely entered into, unless it would be unfair to hold parties to their agreement.

White v White [2000] UKHL 54: Landmark case that established the principle of equal division as a starting point in matrimonial property disputes.

Family Law (Divorce etc.) Act 1996: Legislation covering mediation requirements and information provision in family law matters, relevant for prenuptial agreement procedures.

Human Rights Act 1998: Ensures that prenuptial agreements comply with fundamental human rights legislation and principles.

Married Women's Property Act 1882: Historical but still relevant legislation governing property rights of married women, forming part of the foundation of modern matrimonial property law.

Civil Partnership Act 2004: Legislation governing civil partnerships, relevant when considering precedents and parallel provisions for prenuptial agreements.

Trusts of Land and Appointment of Trustees Act 1996: Governs the operation of trusts of land and the powers and duties of trustees, relevant for property held in trust within prenuptial agreements.

Family Law Act 1996: Provides framework for protection against domestic violence and property rights, ensuring safeguards are incorporated into prenuptial agreements.

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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