Pre-nuptial Agreement

Pre-Nuptial Agreement

for use in England and Wales

This DEED is dated _______________________

PARTIES

________ of:

________

(hereafter the "First Party")

________ of:

________

(hereafter the "Second Party")

This DEED provides:

BACKGROUND

A. This Agreement is made in contemplation of and is conditional upon the intended marriage of the First Party and the Second Party on ________ (the "Marriage")

B. The First Party and the Second Party intend to enter into this binding agreement, recording their intentions regarding their finances and property in the event their marriage terminates and a divorce order is made.

C. The First Party and the Second Party have each acquired all of their separate property as set out in Schedule 1 and Schedule 2 to this Agreement independently of and without any contribution from the other.

D. The First Party and the Second Party have fully and frankly disclosed to each other their means and relevant financial circumstances which are set out in summary form at Schedule 3 and Schedule 4 to this Agreement.

E. The First Party and the Second Party have listed any and all jointly owned property and assets at Schedule 5 of this Agreement.

F. The First Party and the Second Party intend this Agreement to be legally binding upon them.

G. The First Party and the Second Party are entering into the agreement of their own free will.

H. The Parties have each received independent legal advice, as evidenced at the bottom of this Agreement.

I. The First Party and the Second Party are aware of the effect of the Agreement on their rights and entitlements. They both wish for this Agreement to be taken into account by the Court in the event that their Marriage breaks down but acknowledge that it is not possible to exclude the jurisdiction of the Court.

J. The First Party and the Second Party are both domiciled and habitually resident in England and Wales.

K. The First Party and the Second Party intend that this Agreement shall bind their heirs, receivers, trustees and personal representatives.

DEED OF AGREEMENT:

1. DATE OF EFFECT

This Agreement shall come into effect upon the First Party and the Second Party celebrating a valid ceremony of Marriage on ________ or at any other later date, provided that in the event that the Marriage is not celebrated within 12 months of the date of this Agreement it shall be deemed to be discharged, unless revived by a supplemental agreement similarly executed by the First Party and the Second Party.

2. FAMILY HOME

2.1. The intended family home is:

________

(The "Family Home")

2.2. The Family Home is vested in the sole name of the First Party and notwithstanding any contribution which the other party to this Agreement may make or has made directly or indirectly towards the purchase, maintenance or the improvement of the said property that person has and will acquire no beneficial interest.

3. PROPERTY AND ASSETS

3.1. All assets held by the First Party and the Second Party individually in each of their respective names prior to the Marriage shall remain in their respective absolute beneficial ownership following the Marriage and any subsequent divorce order.

3.2. All assets acquired during the Marriage by either the First Party and the Second Party by way of gift or inheritance shall remain in their respective absolute beneficial ownership throughout the marriage and any subsequent divorce order.

3.3. Neither the First Party or the Second Party will make any claim either during the Marriage or any dissolution to any real property in the separate absolute beneficial ownership of the other and both parties agree to release all rights and/or not to pursue claims in respect of any rights which either may acquire by reason of their marriage over the real property of the other, whether acquired before or after the Marriage.

3.4. The First Party and the Second Party shall each have full control of his or her separate real and personal property wherever located and shall continue to have full rights to sell, lease or mortgage or otherwise dispose of such property and receive all income, rent and profits derived from such property without any restriction and without any interference from the other.

3.5. All chattels and items of personal use and adornment purchased during the Marriage by either party shall be deemed to be the sole property of the purchasing party irrespective of their method of acquisition, unless explicitly agreed in writing first.

4. PROVISION DIVORCE

In the event that a divorce order is made in relation to their marriage the following shall apply:

Separate property

4.1. The separate property of each party shall be dealt with in accordance with Section 2 above.

Joint Property and assets

4.2. In the event that a divorce order is made in relation to their marriage, all jointly owned property, assets and savings will be divided between the parties in equal shares, save in the case that any asset is agreed in writing between the parties to be owned in unequal shares at the time of purchase (subject to clause 4.3 below).

Family home

4.3. The Family Home must be dealt with in the manner set out at Section 2 above.

Periodical payments

4.4. Both of the parties agree that they will not seek any periodical maintenance payments from the other party.

Payments for the benefit of children

4.5. In the event that the parties have any children together, the parties agree that regular payments for child support for the benefit of all children belonging to both of the parties shall be paid, with reference to the amount which would be payable under the provisions of the Child Support Act 1991.

Debts and credit agreements

4.6. Each party shall be liable for all current and future debts incurred in their sole name.

4.7. All credit or finance agreements entered into by either party in their sole name shall remain the responsibility of that party and shall be repaid in their sole name.

5. 25255

5.1. 822 2822 25288525 2522 222 25522 22 252 22525 85588 82 522225 22 82 52 58828522 2822 528288 252 2552828 2528888282 52522 225258882 82 8582822.

5.2. Nothing 82 2588 825222222 85588 2528222 282525 25522 2522 82852255882 252822 88222822 28228 22 252 22525 25 2522 82852255882 252822 252888822 225 252 22525 82 8888, 8258888, 25582 25 225258882.

6. 8885585 88858

552 2552828 52522 2552 2522 8888 52282 225 5 88252 85252 8228222 25525 85885 228525885228 252 22528 22 2588 825222222 822252 252 28258 5882582 25525 88 2552 82 52852822 22 25285 25558522.

7. PROVISION ON DEATH

A. In the event of the death of either party, the survivor will be entitled to all personal chattels (as defined by the Administration of Estates Act 1925 Section 55(1)(x)) of the deceased save and except those chattels specifically bequeathed by will.

B. In the event of the death of either party the survivor shall also be granted the right to occupy the family home or such other property as shall be owned by the deceased partner and occupied by the survivor as their residence at the date of death rent free until his or her subsequent death or remarriage, subject to payment by him or her of all outgoings in respect of the property and keeping the property in good and tenantable repair and condition and insured to the full value against loss or damage by fire or other usual risk.

8. EXECUTION OF WILLS

The parties agree to execute wills incorporating the terms of clause 6 and clause 7 of this Agreement and not to make any claim upon the estate of the other pursuant to the Inheritance (Provision for Family and Dependants) Act 1975.

9. VARIATION OR AMENDMENT

9.1. The terms of this Agreement shall be jointly reviewed by the First Party and the Second Party with the benefit of legal advice, when whichever of the following events shall first occur:

9.1.a. the birth or adoption of a child to or by the parties; or

9.1.b. the inability of either party to work for medical reason for a period of more than 12 months; or

9.1.c. either of the parties involuntarily remaining unemployed for a period of 6 months or more; or

9.1.d. 3 years elapsing from the date of this Agreement.

9.2. The fact that a review has taken place shall be recorded in writing and signed by the parties as a supplement to this Agreement, and any changes to this Agreement as a result of a review shall be evidenced in writing and signed by both parties.

10. JURISDICTION

This deed shall be governed by and interpreted in accordance with the jurisdiction of England and Wales. The Parties agree that the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute or claim arising from it.

11. PUBLICATION

The parties agree that neither will cause or permit publication in any media of the terms and effect of this Agreement, nor any financial details and documents disclosed in accordance with it.

12. SEVERABILITY OF CLAUSES

If any provision or part of any provision of this Agreement is deemed invalid or unenforceable, it shall be treated as though it is erased from the Agreement, but the erasure of the provision or part-provision shall not affect the validity or enforceability of the rest of the Agreement.

SIGNED AND DELIVERED AS A DEED BY THE PARTIES:

SIGNED AS A DEED BY ________

on:

DATED:

___________________

SIGNATURE:

___________________

________

In the presence of:

NAME OF WITNESS:

_________________

SIGNATURE OF WITNESS:

_________________

ADDRESS OF WITNESS:

__________________

OCCUPATION OF WITNESS:

__________________

SIGNED AS A DEED BY ________ on:

DATED:

___________________

SIGNATURE:

___________________

________

In the presence of:

NAME OF WITNESS:

_________________

SIGNATURE OF WITNESS:

_________________

ADDRESS OF WITNESS:

__________________

OCCUPATION OF WITNESS:

__________________

CERTIFICATE OF ADVICE - FIRST PARTY

I,..................of................................certify as follows:

I am a qualified solicitor of the Senior Courts of England and Wales.

Before ________ entered into the deed to which this certificate is annexed, I provided to ________ independent advice as to the following:

a) the effect of the Agreement on their rights and entitlements;

b) the advantages and disadvantages of entering into the Agreement.

SIGNED:

__________________________

NAME OF SOLICITOR:

__________________________

DATED:

__________________________

I ________ of:

________

confirm that prior to entering into this deed of agreement, I received independent legal advice as outlined above.

I intend this deed of agreement to be a qualifying nuptial agreement under the new proposals. I understand that this means the Court must make financial orders in accordance with this Agreement save to meet the financial needs of the parties.

SIGNED:

__________________________

________

DATED:

__________________________

CERTIFICATE OF ADVICE - SECOND PARTY

I,..................of................................certify as follows:

I am a qualified solicitor of the Senior Courts of England and Wales.

Before ________ entered into the deed to which this certificate is annexed, I provided to ________ independent advice as to the following:

a) the effect of the Agreement on their rights and entitlements;

b) the advantages and disadvantages of entering into the Agreement.

SIGNED:

__________________________

NAME OF SOLICITOR:

__________________________

DATED:

__________________________

I ________ of:

________

confirm that prior to entering into this deed of agreement, I received independent legal advice as outlined above.

I intend this deed of agreement to be a qualifying nuptial agreement under the new proposals. I understand that this means the Court must make financial orders in accordance with this Agreement save to meet the financial needs of the parties.

SIGNED:

__________________________

________

DATED:

__________________________

SCHEDULE 1

The First Party's Separately Owned Property and assets at the time of making the Agreement:

SCHEDULE 2

The Second Party's Separately owned property and assets at the time of making the Agreement are listed below:

SCHEDULE 3

The First Party's Means and Circumstances at the time of making the Agreement are listed below:

SCHEDULE 4

The Second Party's Means and Circumstances at the time of making the Agreement are listed below:

SCHEDULE 5

All jointly owned assets and property of the parties at the time of the Agreement are listed below: