Free Prenuptial Agreement

Free Prenuptial Agreement

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Prenuptial Agreement

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  2. Email, download or print instantly
  3. Just takes 5 minutes

Prenuptial Agreement

Create Your Prenuptial Agreement

Create Your Prenuptial Agreement

England

ENGBuilt for England
Different countries have different rules and regulations. Your Prenuptial Agreement will be customised for England.


Frequently Asked Questions

What is a Prenuptial Agreement?A Prenuptial Agreement sorts out current and future financial and property issues before marriage. In general, it sets out who the parties are, describes their current property and debts, and explains how all current and prospective property will be dealt with in the event of a breakup.

This agreement also deals with issues such as spousal support, inheritance, and dependent children.
Can I create a prenup if I'm already married?Prenuptial Agreements are contracts that are executed before marriage to specify how to divide current and future property in the event of a breakup. You cannot create a Prenuptial Agreement after you are married, but you can create a Postnuptial Agreement. A Postnuptial Agreement is similar to a prenup but may offer less asset protection because once you are married, many of your assets could already be considered marital property.Is a Prenuptial Agreement legally binding in the UK?Prenuptial Agreements are not legally binding and will not automatically be upheld or enforced by a UK court in the event of marital breakdown. However, a judge will take your Prenuptial Agreement seriously and is likely to uphold it as long as certain safeguards have been met.

For a Prenuptial Agreement to be upheld, the following safeguards must be met:
• Both parties received independent legal advice at the outset.
• Full financial disclosure by both parties was made prior to the agreement.
• The parties entered into the agreement at least 21 days before the marriage.
• Neither party was under pressure to sign the agreement against their will.
• The agreement is fair and does not heavily weigh in favour of one party.
• No significant change has made the agreement inappropriate.


Your Prenuptial Agreement

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PRENUPTIAL AGREEMENT

THIS PRENUPTIAL AGREEMENT (the "Agreement") MADE ON THIS 17th day of December, 2017

BETWEEN:

______________________
of __________, __________
__________, England

- AND -

______________________
of __________, __________
__________, England

  1. BACKGROUND
  2. This Agreement is made between ______________________ and ______________________ (collectively the "Parties" and individually a "Party") who are contemplating marriage each to the other.
  3. The Parties wish to enter into this Agreement to provide for the status, ownership, and division of property between them, including future property owned or to be acquired by either or both of them.
  4. The Parties further wish to affix their respective rights and liabilities that may result from this relationship.
  5. The Parties recognise the possibility of unhappy differences that may arise between them. Accordingly, the Parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement and, insofar as the statutory or case law permits, intend that any statutes that may apply to them will not apply to them.
  6. The Parties acknowledge that they have been provided with a reasonable period of time to review this Agreement.
  7. The Parties also acknowledge that they have had the opportunity to retain their own solicitor and to receive independent legal advice regarding the terms of this Agreement.
  8. The Parties have disclosed to their satisfaction all assets and liabilities that each may have and voluntarily and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided.
  9. Each Party agrees and affirms THAT:
    1. The Parties did execute the Agreement voluntarily;
    2. This Agreement was not unconscionable when it was executed;
    3. Prior to execution of the Agreement, both Parties were provided a fair and reasonable disclosure of the property or financial obligations of the other Party;
    4. They have, or reasonably could have had, an adequate knowledge of the property or financial obligations of the other Party; and
    5. They entered into this Agreement freely and under no duress or undue influence on their decision by the other Party.
  10. The Parties acknowledge that this Agreement will continue upon termination of marriage whether by death, divorce, or otherwise.

NOW THEREFORE in consideration of the upcoming marriage, and in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows:

  1. PROPERTY
  2. The Parties acknowledge that this Agreement will govern any determination of ownership of property that may occur in the event of the Parties separating, or upon the death of a Party.
  3. All jointly acquired or jointly held property and the property listed in the attached Schedule "A", however and whenever acquired, will remain the property of and be owned by both Parties and will be treated as shared property (the "Shared Property").
  4. In the event of the Parties separating, or upon the death of a Party, all Shared Property will be deemed to be owned equally and each Party will be entitled to fifty percent (50%) of the net equity of the property, regardless of the initial or ongoing proportion of each Party's investment, unless the Parties have agreed otherwise in writing.
  5. Except as otherwise provided in this Agreement, all property will be treated as property owned solely by either one of the Parties (the "Separate Property") except where:
    1. it is Shared Property; or
    2. there is proof of shared legal ownership.
  6. Nothing in this Agreement will prevent or invalidate any gift, or transfer for value, from one Party to the other of present or future property.
  7. Unless a Party can reasonably show that they solely own a piece of property, where either Party commingles jointly owned property with Separate Property, any commingled property will be presumed to be Shared Property.
  8. DEBTS
  9. The Parties acknowledge that this Agreement will govern any determination of responsibility of debts that may occur in the event of the Parties separating, or upon the death of a Party.
  10. All jointly acquired or jointly held debts, however and whenever acquired, will remain the debts of and be owed by both Parties and will be treated as shared debts (the "Shared Debts").
  11. Except as otherwise provided in this Agreement, all debts will be treated as debts which are owed solely by either one of the Parties (the "Separate Debts") except where:
    1. it is Shared Debts; or
    2. there is proof of shared legal responsibility.
  12. SUPPORT
  13. In the event of a separation the Parties agree that spousal support may be payable to one of the Parties on the basis of the Party's financial circumstances at the time of separation or otherwise. It is understood and accepted by each Party that a spousal maintenance will be determined according to the appropriate laws.
  14. ESTATES AND TESTAMENTARY DISPOSITION
  15. Nothing in this Agreement will limit or affect any rights that each may acquire as spouse or surviving spouse in the property, assets or estate of the other spouse.
  16. Nothing in this Agreement will invalidate or prevent either Party from naming the other as a beneficiary by will or other testamentary disposition.
  17. SEVERABILITY
  18. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
  19. INTENTION OF THE PARTIES
  20. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for many reasons, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
  21. DUTY OF GOOD FAITH
  22. This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
  23. FURTHER DOCUMENTATION
  24. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
  25. TITLE/HEADINGS
  26. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
  27. ENUREMENT
  28. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  29. GOVERNING LAW
  30. The laws of England will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.
  31. TERMINATION OR AMENDMENT
  32. This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
  33. ENTIRE AGREEMENT
  34. The Agreement constitutes the entire agreement and understanding between the Parties to this Agreement and supersedes all prior communications, contracts, or agreements between these Parties with respect to the subject matter addressed in this Agreement, whether oral or written.

IN WITNESS WHEREOF the Parties have hereunto set their hands and seals on the 17th day of December, 2017.

SIGNED, SEALED AND DELIVERED
In the presence of:

_____________________________
Witness
Printed Name: _________________

_____________________________
Witness
Printed Name: _________________

________________________
______________________



_____________________________
Witness
Printed Name: _________________

_____________________________
Witness
Printed Name: _________________

________________________
______________________


SCHEDULE "A"

Shared Property:

  1. ____________________________________________________________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE


ENGLAND
COUNTY OF _________________


I, _________________________, of the City of ___________________, England, Barrister and Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ______________________, named in the within instrument, being a Prenuptial Agreement, separate and apart from ______________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of the said Prenuptial Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ______________________, or any other person.

DATED at the City of ___________________, England, this _____ day of _________, 20___.

________________________
BARRISTER & SOLICITOR
Print Name: _________________





I, ______________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.


________________________
______________________


CERTIFICATE OF INDEPENDENT LEGAL ADVICE


ENGLAND
COUNTY OF _________________


I, _________________________, of the City of ___________________, England, Barrister and Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ______________________, named in the within instrument, being a Prenuptial Agreement, separate and apart from ______________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of the said Prenuptial Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ______________________, or any other person.

DATED at the City of ___________________, England, this _____ day of _________, 20___.

________________________
BARRISTER & SOLICITOR
Print Name: _________________





I, ______________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.


________________________
______________________

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