Property Prenuptial Agreements are essential tools for individuals entering marriage with significant property assets in England and Wales. These agreements have gained increasing recognition following the landmark Radmacher v Granatino case in 2010. The document typically covers existing property portfolios, future acquisitions, rental income, and mortgage obligations. It's particularly relevant when one or both parties own substantial property assets or anticipate inheriting or acquiring properties during the marriage. The Property Prenuptial Agreement must be executed well in advance of the marriage, with both parties receiving independent legal advice to ensure enforceability.
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1. Parties: Details of both parties entering into the agreement
2. Background: Context of the agreement and relationship status
3. Definitions: Key terms used throughout the agreement
4. Property Details: Comprehensive list of properties owned by either party
5. Division of Property: Agreed arrangements for property division in case of separation
6. Independent Legal Advice: Confirmation that both parties received independent legal counsel
7. Governing Law: Specification that the agreement is governed by the laws of England and Wales
8. Execution: Signing provisions and witness requirements
1. Future Property Acquisitions: Provisions for treatment of properties acquired during marriage
2. Rental Income: Provisions for the treatment of rental income from properties
3. Mortgage Responsibilities: Provisions for division of mortgage obligations and responsibilities
4. Property Maintenance: Provisions for ongoing maintenance responsibilities and costs for properties
5. Foreign Property: Special provisions for properties located outside England and Wales
1. Schedule 1: Property Inventory: Detailed list of all properties with current market valuations
2. Schedule 2: Property Documents: Copies of property titles and relevant documentation
3. Schedule 3: Financial Disclosure: Complete financial statements and property valuations from both parties
4. Schedule 4: Legal Advice Certificates: Signed certificates from both parties' independent legal advisors
5. Schedule 5: Property Photographs: Current photographs and condition reports of listed properties
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