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Prenuptial Agreement Foreign Marriage Template for England and Wales

A Prenuptial Agreement for Foreign Marriage under England and Wales law is a legally recognized document that sets out how a couple's assets will be divided in the event of divorce or separation, specifically tailored for marriages that have an international element. The agreement must comply with English law principles established in Radmacher v Granatino, while also considering international private law implications. It requires full financial disclosure, independent legal advice, and must be signed well in advance of the marriage to be considered valid by English courts.

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What is a Prenuptial Agreement Foreign Marriage?

A Prenuptial Agreement Foreign Marriage is essential when couples planning to marry have international connections or assets in multiple jurisdictions. The document, governed by England and Wales law, provides clarity on asset division and financial arrangements in case of marriage breakdown. It must be executed well before the marriage, include comprehensive financial disclosure, and ensure both parties receive independent legal advice. The agreement should comply with both English law requirements and consider relevant international private law principles to maximize its enforceability across different jurisdictions.

What sections should be included in a Prenuptial Agreement Foreign Marriage?

1. Parties: Full details of both parties including full names, addresses, and occupations

2. Background: Context of the agreement, including intended marriage details and acknowledgment of applicable laws

3. Definitions: Key terms used throughout the agreement including relevant legal terminology

4. Financial Disclosure: Declarations and warranties regarding full disclosure of both parties' assets, income, and liabilities

5. Property Rights: Treatment of existing and future property, including marital home and separate property

6. Income and Maintenance: Provisions regarding spousal maintenance and income rights during marriage and upon divorce

7. Debts and Liabilities: Treatment of existing and future debts and financial obligations

8. Legal Requirements: Acknowledgments of independent legal advice, timing requirements, and voluntary execution

9. Governing Law: Specification of England and Wales as governing law and jurisdiction clauses

10. Duration and Review: Term of the agreement and provisions for periodic review

What sections are optional to include in a Prenuptial Agreement Foreign Marriage?

1. Children Provisions: Provisions regarding existing children and future children (note: cannot bind court on child matters)

2. Business Interests: Protection and treatment of business assets and future business ventures

3. International Property: Special provisions for assets located in foreign jurisdictions

4. Inheritance and Gifts: Treatment of inherited assets and gifts received before and during marriage

5. Pensions: Treatment of existing and future pension rights

What schedules should be included in a Prenuptial Agreement Foreign Marriage?

1. Schedule 1: Schedule of Assets: Detailed inventory of both parties' assets at time of agreement

2. Schedule 2: Schedule of Liabilities: Detailed inventory of both parties' liabilities at time of agreement

3. Schedule 3: Financial Disclosure Summary: Summary of financial positions of both parties

4. Appendix A: Independent Legal Advice Certificates: Certificates from both parties' lawyers confirming independent legal advice

5. Appendix B: Supporting Financial Documentation: Key financial documents evidencing assets and liabilities declared

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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