Post Nup Agreements have become increasingly common in England and Wales as couples seek to provide clarity and certainty about their financial arrangements during marriage. This type of agreement is particularly useful when there have been significant changes in financial circumstances after marriage, such as inheritance, business success, or property acquisition. The Post Nup Agreement allows couples to formally document their intentions regarding asset division, financial responsibilities, and property rights. Following the landmark case of Radmacher v Granatino, these agreements carry significant weight in English courts when properly executed with full financial disclosure and independent legal advice.
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1. Parties: Details of both spouses entering into the agreement
2. Background: Circumstances leading to the agreement and marriage details
3. Definitions: Key terms used throughout the agreement
4. Financial Disclosure: Statement of both parties' assets, income, and liabilities
5. Division of Property: Agreement on how current assets will be divided
6. Future Property: Treatment of assets acquired after the agreement
7. Independent Legal Advice: Confirmation that both parties received independent legal counsel
1. Children Provisions: Provisions regarding existing children or future children, including financial arrangements and responsibilities
2. Business Interests: Specific provisions for protection of business assets and income, including valuation methods and division in case of divorce
3. Inheritance: Provisions dealing with expected inheritances and how they should be treated within the marriage
4. Review Mechanism: Framework for periodic review of the agreement and circumstances under which it can be modified
1. Schedule of Assets: Detailed inventory of all assets owned by both parties at the time of agreement
2. Schedule of Liabilities: Comprehensive list of all debts and financial obligations of both parties
3. Financial Disclosure Statements: Detailed financial information provided by both parties including income, assets, and liabilities
4. Property Valuations: Professional valuations of significant assets including real estate and business interests
5. Certificates of Independent Legal Advice: Signed certificates from legal representatives confirming independent legal advice was provided
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Post Nup Agreement
A legally binding agreement made after marriage under English law to regulate financial arrangements between spouses in case of divorce.
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