A Pre Marriage Financial Agreement is essential for couples in England and Wales who wish to establish clear financial arrangements before marriage. This document is particularly relevant when one or both parties have substantial assets, business interests, inheritance, or children from previous relationships. The agreement must be executed at least 28 days before the marriage and requires full financial disclosure from both parties. Following the landmark case of Radmacher v Granatino, these agreements carry significant weight in English courts when properly drafted and executed, though they remain subject to the court's discretion under the Matrimonial Causes Act 1973.
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1. Parties: Full details of both parties entering into the agreement, including full names, addresses, and occupations
2. Background: Context of the agreement, intention to marry, and date of intended marriage
3. Definitions: Key terms used throughout the agreement including definitions of separate and joint property
4. Current Assets and Liabilities: Declaration of both parties' current financial position and net worth
5. Division of Property: How assets will be treated during marriage and upon dissolution, including separate and marital property
6. Financial Disclosure: Confirmation of full financial disclosure by both parties and acknowledgment of understanding
7. General Provisions: Governing law, severability, entire agreement, and amendment provisions
1. Future Children Provisions: Provisions addressing financial arrangements for any future children of the marriage
2. Business Assets Protection: Special provisions for protecting business interests and future business growth
3. Inheritance and Gifts: Treatment of inherited assets or anticipated gifts during marriage and upon dissolution
4. Spousal Maintenance: Provisions regarding any future spousal maintenance claims
5. Foreign Property: Special provisions for property owned in other jurisdictions
1. Schedule 1: Assets Schedule: Detailed inventory of each party's assets including property, investments, and personal items
2. Schedule 2: Liabilities Schedule: Detailed list of each party's debts and financial obligations
3. Schedule 3: Future Gifts and Inheritance: Details of any anticipated inheritances or gifts that are to be protected
4. Appendix A: Financial Disclosure Documents: Copies of bank statements, investment accounts, property valuations, and other financial documents
5. Appendix B: Certificates of Independent Legal Advice: Signed certificates confirming both parties received independent legal advice
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