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Sunset Prenup Template for England and Wales

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Key Requirements PROMPT example:

Sunset Prenup

"I need a Sunset Prenup that will protect my pre-existing business assets but gradually increase shared marital property over 10 years of marriage, with the agreement becoming void after March 2025 if we have children."

Document background
A Sunset Prenup is utilized when couples wish to establish temporary financial protections that evolve with their marriage. This type of agreement is particularly relevant in England and Wales, where prenuptial agreements, while not strictly binding, are given substantial weight by courts following the Radmacher v Granatino precedent. The document typically includes detailed financial disclosures, specific sunset provisions, and must be executed well before the marriage to ensure validity. It provides a balanced approach between protecting pre-marital assets and recognizing the evolving nature of long-term marriages.
Suggested Sections

1. Parties: Details of both parties entering into the agreement, including full names, addresses, and occupations

2. Background: Context of the agreement, including relationship status, intention to marry, and acknowledgment of legal implications

3. Definitions: Key terms used throughout the agreement including definition of the sunset period and triggering events

4. Sunset Provision: Specific terms detailing when and how the agreement expires or becomes void, including triggering events and timeline

5. Financial Disclosure: Declarations regarding full and frank disclosure of assets, liabilities, and financial circumstances by both parties

6. Division of Property: Detailed provisions for how assets will be divided both during and after the sunset period

7. Independent Legal Advice: Confirmation that both parties have received independent legal advice before signing

8. Governing Law: Confirmation that agreement is governed by laws of England and Wales and acknowledgment of relevant legislation

Optional Sections

1. Children Provisions: Provisions relating to existing or future children, including impact on sunset clause if children are born

2. Business Assets Protection: Special provisions for protecting business interests and their treatment during and after the sunset period

3. Inheritance and Gifts: Treatment of inherited assets and substantial gifts received before, during, or after marriage

4. International Assets: Special provisions for assets held in other jurisdictions and impact on enforcement

Suggested Schedules

1. Schedule A - Schedule of Assets: Comprehensive list of all assets owned by both parties at the time of agreement, including values

2. Schedule B - Schedule of Liabilities: Detailed list of all debts and financial obligations of both parties

3. Schedule C - Independent Legal Advice Certificates: Certificates from legal advisors confirming independent legal advice provided to each party

4. Schedule D - Financial Disclosure Statements: Detailed financial statements and supporting documents from both parties

5. Schedule E - Sunset Clause Timeline: Detailed timeline and milestones for the sunset provision, including specific dates and triggering events

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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Matrimonial Causes Act 1973: Primary legislation governing divorce in England and Wales, particularly Section 25 which outlines the factors courts must consider when making financial orders during divorce proceedings

Law Commission's 2014 Report: Key guidance document on Matrimonial Property, Needs and Agreements, providing comprehensive recommendations on how prenuptial agreements should be treated in English law

Radmacher v Granatino [2010] UKSC 42: Landmark Supreme Court case establishing that courts should give effect to prenuptial agreements if freely entered into, with full understanding of implications, unless unfair

Family Law Act 1996: Legislation governing various aspects of family law, particularly relevant for provisions regarding marital homes and occupation rights

Married Women's Property Act 1882: Historical but still relevant legislation dealing with property rights in marriage, particularly regarding separate property of married women

Human Rights Act 1998: Incorporates European Convention rights into UK law, particularly Article 8 regarding respect for private and family life, which may impact prenuptial agreement enforcement

Sunset Clause Requirements: Specific considerations for sunset provisions including clear definition of triggering events, ensuring fairness under Radmacher principles, and consideration of impact of children

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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