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Mid Nuptial Agreement for the United Kingdom

Mid Nuptial Agreement Template for England and Wales

A Mid Nuptial Agreement is a formal contract made between spouses during marriage under the laws of England and Wales. It sets out how their assets and financial responsibilities should be arranged during marriage and divided in the event of divorce or separation. While not automatically legally binding in England and Wales, these agreements carry significant weight following the Radmacher v Granatino case, provided they meet certain criteria including fairness, full disclosure, and independent legal advice.

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What is a Mid Nuptial Agreement?

A Mid Nuptial Agreement is utilized when married couples in England and Wales wish to formally document their financial arrangements after marriage. Unlike prenuptial agreements, these are created during the marriage, often due to a significant change in circumstances such as inheritance, business success, or relationship dynamics. The agreement typically covers asset division, financial responsibilities, and potential future arrangements. While not automatically binding under English law, courts give substantial weight to Mid Nuptial Agreements that are properly executed with full financial disclosure and independent legal advice for both parties.

What sections should be included in a Mid Nuptial Agreement?

1. Parties: Details of both spouses including full names, addresses, and occupations

2. Background: Marriage date, circumstances leading to agreement, existing arrangements

3. Definitions: Key terms used throughout the agreement

4. Financial Disclosure: Statement confirming full financial disclosure by both parties

5. Asset Division: Agreed division of current and future assets

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

What sections are optional to include in a Mid Nuptial Agreement?

1. Children Provisions: Provisions relating to children from the marriage or previous relationships, to be included when parties have children

2. Business Interests: Protection of business assets and income, to be included when either party owns a business

3. Inheritance Provisions: Treatment of inherited or anticipated inheritance, to be included when significant inheritance is expected

4. International Assets: Provisions for overseas property and assets, to be included when parties have international assets

What schedules should be included in a Mid Nuptial Agreement?

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

2. Schedule 2: Liabilities Schedule: Detailed list of all liabilities of both parties

3. Appendix A: Financial Disclosure: Copies of financial statements and valuations

4. Appendix B: Legal Advice Certificates: Signed certificates from both parties' legal advisors

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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