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PRENUPTIAL AGREEMENT
THIS PRENUPTIAL AGREEMENT (the "Agreement") MADE ON THIS ________ day of ________________, ________
BETWEEN:
______________________of __________- AND -______________________of __________
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:
IN WITNESS WHEREOF the Parties have hereunto set their hands and seals on the ________ day of ________________, ________.
SIGNED, SEALED AND DELIVEREDIn the presence of:
_____________________________WitnessPrinted Name: _________________
______________________________________________
SCHEDULE "A"
Shared Property:
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
ENGLANDCOUNTY 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 their legal rights and liabilities under the terms and conditions of it, and that I acted solely for them, and explained fully to them the nature and effect of the said Prenuptial Agreement and they did execute it in my presence, and did acknowledge and declare that they were executing it of their 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 & SOLICITORPrint Name: _________________
I, ______________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.
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 their legal rights and liabilities under the terms and conditions of it, and that I acted solely for them, and explained fully to them the nature and effect of the said Prenuptial Agreement and they did execute it in my presence, and did acknowledge and declare that they were executing it of their own volition and without any fear, threats, compulsion or influence from______________________, or any other person.
A Prenuptial Agreement is also known as a:
A Prenuptial Agreement is a contract that spouses create before marriage. If the couple separates and divorces, or if one partner passes away, a prenup outlines each spouse’s financial rights and responsibilities. Couples who are not getting married but intend to move in together can create a Cohabitation Agreement to describe their current and future financial and property rights.
A Prenuptial Agreement details the distribution of finances, assets, and property if a married couple divorces or separates. Beyond outlining the division of shared property, prenups can also protect each spouse from the other’s individual debts. Furthermore, they can help spouses ensure that children from previous marriages are financially protected and retain their right to an inheritance.
Engaged couples should use a Prenuptial Agreement. Often, individuals who own significant assets or are heirs to a notable inheritance use a prenup to protect their personal finances. However, even if you don’t think your assets require a prenup, many couples can benefit from creating one before they tie the knot. Consider creating one with your partner if you want to:
Prenups mainly include information about the division of spousal finances. Of course, finances are more than just a couple’s joint bank account. You and your spouse’s finances include everything with financial value that contributes to your overall worth. A proper Prenuptial Agreement will cover the division of the following:
Prenups are primarily in place to financially protect the individuals involved in a marriage. Therefore, spouses cannot use this type of document to establish other rules, guidelines, and expectations that are irrelevant to their financial interests. For example, you cannot use a prenup to outline your preferences for a particular parenting style. Furthermore, a prenup cannot include terms regarding child support, custody, or visitation rights for existing or future children.
Separate property is any type of property that one partner owns. This property remains with them in the event of a breakup. Specifically, separate property describes money or possessions that a spouse acquired before the marriage. This type of property can be purchased, gifted, or inherited. If the relationship ends, the individuals that own those assets will retain them. They are not divided with their partner.
Shared property is property that both spouses own. It includes any money or possessions that the couple acquires during the relationship. In the event of a divorce, the shared property is subject to equitable distribution and is divided based on the Prenuptial Agreement. If spouses do not have a prenup, the shared property is divided based on the court’s final ruling.
It’s no secret that creating a Prenuptial Agreement can be awkward and cause tension between partners. However, having a prenup in place can be beneficial for some couples. Prenups can protect both spouses in the event of a divorce, speeding up the process and simplifying the division of assets.
No one can tell you whether you should or should not sign a Prenuptial Agreement. The decision depends on your personal circumstances. If you are unsure about signing a prenup, consult with a legal professional to look over a proposed document and ensure your interests are protected.
You and your partner should sign your prenup in front of a witness, or perhaps multiple witnesses. Furthermore, before signing your agreement you should have it reviewed by a lawyer. Keep in mind that each partner is required to get separate legal advice from their lawyer.
You can create a Prenuptial Agreement by completing LawDepot’s prenup questionnaire. We guide you by asking for details about you and your spouse, as well as your assets, debts, and children. Also, you can include information about your preferences regarding spousal maintenance. Spousal maintenance is money paid by one spouse to the other in the event of separation or divorce.
The courts do not automatically honour Prenuptial Agreements in the United Kingdom. However, courts typically take them into consideration when determining the terms of a divorce. If you want the court to take your prenup into account during divorce proceedings, your agreement should be fair to all parties. If you create your prenup properly and fairly, courts are more likely to uphold it, and you can prevent future complications and conflict.
If you don’t create a proper or fair prenup, the courts may consider it invalid. For instance, a prenup might be classified as invalid if the courts:
A postnuptial agreement (also called a postnup) is essentially the same as a prenup, but couples create the document after their wedding. If you are already married and want the same protections as a prenup, you must use a postnuptial agreement.
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