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Antenuptial Agreement Template for England and Wales

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Key Requirements PROMPT example:

Antenuptial Agreement

"I need an Antenuptial Agreement for a couple where one party owns several international businesses, and we need strong provisions to protect these business assets and future income streams, with the wedding planned for March 2025."

Document background
An Antenuptial Agreement is increasingly common in England and Wales, particularly among high-net-worth individuals or those entering second marriages. The agreement should be executed well in advance of the wedding, with both parties receiving independent legal advice and making full financial disclosure. Following the landmark Radmacher v Granatino case in 2010, these agreements are given substantial weight by courts if they are fairly executed and meet certain criteria. The document typically covers asset division, maintenance provisions, property arrangements, and can include provisions for future children or inherited wealth.
Suggested Sections

1. Parties: Full legal names and addresses of both parties entering into the agreement

2. Background: States the intention to marry and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Financial Disclosure: Declaration of assets, liabilities, and income of both parties

5. Separate Property: Property and assets to remain separate during marriage

6. Marital Property: Property and assets to be considered joint during marriage

7. Division of Assets: Agreement on how assets will be divided in case of divorce

8. Maintenance Provisions: Arrangements for spousal maintenance in case of separation

9. Independent Legal Advice: Confirmation that both parties received independent legal counsel

Optional Sections

1. International Assets: Provisions for assets held in other jurisdictions - use when either party has significant assets outside England and Wales

2. Business Interests: Protection of business assets and income - use when either party owns or has interests in business ventures

3. Inheritance Provisions: Treatment of inherited or gifted assets - use when significant inheritances are expected or received

4. Children Provisions: Financial arrangements for existing or future children - use when either party has existing children or plans for future children

5. Debts and Liabilities: Treatment of pre-existing and future debts - use when significant debts exist or are anticipated

Suggested Schedules

1. Schedule A - Assets Schedule: Detailed list of each party's assets at time of agreement

2. Schedule B - Liabilities Schedule: Detailed list of each party's liabilities at time of agreement

3. Schedule C - Income Schedule: Details of each party's income sources and amounts

4. Appendix 1 - Independent Legal Advice Certificates: Signed certificates from each party's legal advisor

5. Appendix 2 - Financial Disclosure Documents: Supporting financial documentation and valuations

6. Appendix 3 - Property Valuations: Professional valuations of significant assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries
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Matrimonial Causes Act 1973: Primary legislation governing divorce and financial settlements in England and Wales, particularly Section 25 which sets out factors courts consider when making financial orders

Civil Partnership Act 2004: Legislation providing for civil partnerships and relevant to prenuptial agreements for civil partners

Family Law Act 1996: Framework legislation dealing with various aspects of family law including property rights and domestic proceedings

Radmacher v Granatino [2010] UKSC 42: Landmark Supreme Court case establishing that prenuptial agreements should be given decisive weight unless unfair

Divorce (Financial Provision) Act 1984: Legislation concerning financial arrangements upon divorce, relevant for prenuptial agreement provisions

Family Law Reform Act 1969: General reform legislation affecting various aspects of family law that may impact prenuptial agreements

Human Rights Act 1998: Ensures compliance with human rights in legal agreements, including marriage contracts

Married Women's Property Act 1882: Historic legislation still relevant to property rights of married women and separation of assets

Equality Act 2010: Ensures non-discrimination and equality in legal agreements, including prenuptial contracts

Inheritance (Provision for Family and Dependants) Act 1975: Relevant for provisions relating to inheritance rights and claims against estates in prenuptial agreements

Trusts of Land and Appointment of Trustees Act 1996: Governs the handling of property held in trust, relevant for property arrangements in prenuptial agreements

Housing Act 1996: May be relevant to property provisions within prenuptial agreements, particularly regarding matrimonial homes

Private International Law (Miscellaneous Provisions) Act 1995: Relevant for prenuptial agreements with international elements or foreign jurisdictions

Domicile and Matrimonial Proceedings Act 1973: Deals with jurisdiction issues in matrimonial cases, important for international prenuptial agreements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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