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Financial Prenuptial Agreement Template for England and Wales

A Financial Prenuptial Agreement under England and Wales law is a formal contract entered into by couples before marriage to determine how their financial assets and liabilities will be handled during marriage and in the event of divorce. Following the Radmacher v Granatino precedent, these agreements carry significant weight in English courts when properly executed, with both parties receiving independent legal advice and making full financial disclosure.

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What is a Financial Prenuptial Agreement?

Financial Prenuptial Agreements are essential legal instruments in England and Wales for couples seeking to establish clear financial arrangements before marriage. These agreements are particularly relevant for individuals with substantial assets, business interests, inherited wealth, or expected future inheritances. The document must comply with strict requirements established by case law, particularly Radmacher v Granatino [2010], including independent legal advice, full financial disclosure, and timing considerations. While not automatically binding, courts give significant weight to properly executed prenuptial agreements that meet fairness criteria.

What sections should be included in a Financial Prenuptial Agreement?

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

5. Financial Disclosure: Schedule of assets and liabilities of both parties

6. Division of Property: How current and future property will be divided

7. Governing Law: Specification that agreement is governed by England and Wales law

What sections are optional to include in a Financial Prenuptial Agreement?

1. Inheritance Rights: Provisions for handling inherited wealth and future inheritance expectations

2. Business Interests: Specific provisions for protection of business assets and commercial interests

3. International Assets: Provisions for handling overseas property and assets in different jurisdictions

4. Children Provisions: Arrangements regarding future children and family matters

What schedules should be included in a Financial Prenuptial Agreement?

1. Schedule A: Asset Schedule: Detailed list of all assets owned by both parties

2. Schedule B: Liabilities Schedule: Detailed list of all debts and liabilities

3. Schedule C: Property Portfolio: Details of real estate owned by either party

4. Appendix 1: Independent Legal Advice Certificates: Signed certificates from legal advisors confirming independent advice

5. Appendix 2: Financial Disclosure Statements: Sworn statements of financial positions from both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Cost

Free to use

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