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Marriage Settlement Agreement for the United Kingdom

Marriage Settlement Agreement Template for England and Wales

A Marriage Settlement Agreement under English and Welsh law is a legally binding document that sets out the agreed financial and property arrangements between spouses. It details the division of assets, financial responsibilities, and can include provisions for children, pensions, and business interests. The agreement must comply with the Matrimonial Causes Act 1973 and related legislation, and requires independent legal advice for both parties to be enforceable.

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Marriage Settlement Agreement

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What is a Marriage Settlement Agreement?

A Marriage Settlement Agreement is a crucial legal document used in England and Wales to establish clear financial and property arrangements between spouses. It provides certainty and protection for both parties by detailing how assets will be divided, managed, and protected during the marriage and potentially upon its dissolution. The agreement must comply with relevant legislation including the Matrimonial Causes Act 1973 and should be drafted with independent legal advice for both parties. It's particularly important for high-net-worth individuals, those with business interests, or couples seeking to protect pre-existing assets.

What sections should be included in a Marriage Settlement Agreement?

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

2. Background: Context of the marriage and reason for the settlement

3. Definitions: Key terms used throughout the agreement

4. Property Division: Distribution of real and personal property

5. Financial Arrangements: Details of financial settlements, including maintenance

6. Implementation: How and when the agreement takes effect

What sections are optional to include in a Marriage Settlement Agreement?

1. Children's Provisions: Used when there are children from the marriage requiring specific arrangements

2. Business Interests: Division or protection of business assets when either party owns business interests

3. Pension Arrangements: Division of pension rights when significant pension assets exist

4. International Assets: Handling of overseas property and assets when parties have international holdings

What schedules should be included in a Marriage Settlement Agreement?

1. Schedule 1: Property Inventory: Detailed list of all matrimonial property

2. Schedule 2: Financial Disclosure: Complete financial disclosure from both parties

3. Schedule 3: Pension Details: Details of pension arrangements and division

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) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Cost

Free to use
Relevant legal definitions


























Clauses





























Industries

Matrimonial Causes Act 1973: Primary legislation that provides the framework for financial arrangements in marriage, outlines court powers regarding financial provision, and sets out considerations for property distribution

Marriage Act 1949: Deals with the validity of marriage and establishes the legal basis for marriage settlements

Family Law Act 1996: Contains provisions relating to marriage and family homes, including protection of matrimonial property

Married Women's Property Act 1882: Establishes rights of married women to own property and defines separate property rights of spouses

Trusts of Land and Appointment of Trustees Act 1996: Governs property held in trust and establishes rights of beneficiaries in relation to matrimonial property

Civil Partnership Act 2004: Relevant for comparison and equality purposes in marriage settlements

Human Rights Act 1998: Ensures marriage settlements comply with human rights obligations and protections

Inheritance (Provision for Family and Dependants) Act 1975: Establishes provisions relating to inheritance rights within marriage settlements

White v White [2000]: Landmark case law establishing the principle of equal division as a starting point in matrimonial settlements

Miller v Miller; McFarlane v McFarlane [2006]: Key case law establishing principles for financial provision in marriage, including compensation and needs-based approaches

Radmacher v Granatino [2010]: Significant case law regarding the treatment and weight given to prenuptial agreements in English law

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