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Pre-nuptial Agreement

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Pre-Nuptial Agreement

IMPORTANT:

This Agreement is a legally binding document. Please read it carefully and ensure that it includes everything you want and nothing you are not prepared to agree. If you are unsure of your obligations and responsibilities under this Agreement then you are advised to seek independent legal advice before signing.


THIS DEED
is made on ________



PARTIES


(1) ________ of:

________

(the "First Party")

(2) ________ of:

________

(the "Second Party")



THIS DEED PROVIDES:



1. Background

1.1 This Agreement is made in contemplation of and is conditional upon the intended marriage of ________ and ________ on ________ (the "marriage")

1.2 ________ and ________ wish to enter into a binding agreement, recording their wishes and intentions regarding their finances and property in the event their marriage breaks down and in the event of there being proceedings in the courts of England, Wales or any other jurisdiction for the dissolution or annulment of the marriage or for a decree of judicial separation or financial support of any kind or in relation to any of their property or assets.

1.3 ________ and ________ have each acquired all of their separate property as set out in Schedules 1 and 2 to this Agreement independently of and without any contribution from the other.

1.4 ________ and ________ wish to retain their own separate property, whether now owned or acquired later, free from any claim by the other by virtue of the marriage unless otherwise provided for by this Agreement or in a supplemental deed executed by both ________ and ________.

1.5 ________ and ________ intend that this Agreement shall be legally binding upon them and their heirs and personal representatives.

1.6 ________ and ________ have each received independent legal advice prior to the execution of this Agreement.

1.7 ________ and ________ are fully aware of the rights and responsibilities that he or she may be acquiring or surrendering as a consequence of entering into this Agreement and both have decided to enter into the agreement of their own free will.

1.8 ________ and ________ have fully and frankly disclosed to each other their means and relevant financial circumstances which are set out in summary form at Schedules 3 and 4 to this Agreement.

1.9 ________ and ________ acknowledge and agree that the terms of this Agreement are not intended to limit or oust the jurisdiction of the court to make orders in relation to the marriage.

1.10 ________ and ________ each acknowledge and agree that they have been advised that under the laws of England and Wales it is not possible as at the date of this Agreement to exclude the jurisdiction of the court to make orders pursuant to the Matrimonial Causes Act 1973 (as amended) and the terms of this Agreement do not necessarily reflect the manner in which a court might resolve their financial claims against each other in the event that their marriage is dissolved.

1.11 ________ and ________ intend that this Agreement shall bind their heirs, receivers, trustees and personal representatives.


2. Date of effect

This Agreement shall come into effect upon ________ and ________ 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 ________ and ________.


3. Assets

3.1 Nothing in this Agreement precludes the acquisition by the parties of assets in joint names, including real property.

3.2 Each party has interests in property, companies and other assets as set out in Schedules 1 and 2 and notwithstanding any contribution which either ________ or ________ may make directly or indirectly towards the purchase, maintenance or the improvement of those assets or any future assets purchased individually neither has, nor will, acquire a beneficial interest in the other's assets.


4. Provision on dissolution

4.1 The parties agree that in the event of dissolution or annulment of the marriage or the separation of the parties for a period in excess of 6 months:

a) all property in the separate absolute beneficial ownership of either party, whether pursuant to this Agreement or otherwise, shall remain in the respective absolute beneficial ownership of that party, free from any claim by the other;

b) all joint property shall be distributed between the parties in accordance with this Agreement;

c) In the event of the dissolution or annulment of the marriage or upon the death of either of them, neither party shall make any financial claim of any kind upon or upon the estate of the other.

d) The parties agree that the provisions of this Agreement relating to dissolution or annulment of the marriage will be incorporated, in so far as they may be relevant, into a consent order and the parties will make joint application to the court for approval of such order, and save as otherwise provided by either party expressly by will, such order will include appropriate dismissal of either party's claim against the estate of the other.


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6. Provision on death

In the event of the death of either party the survivor will be entitled to the following:

a. 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.


7. Execution of wills

The parties agree to execute wills incorporating the terms of clause 6 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.


8. Variation or amendment

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

a) the birth or adoption of a child to or by the parties; or

b) the inability of ________ or ________ to work for medical reason for a period of more than 12 months; or

c) ________ or ________ involuntarily remaining unemployed for a period of 6 months or more; or

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

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.


9. Applicable law and jurisdiction

This Agreement shall be governed by and construed in accordance with the law of England and Wales and further, and in any event, if any application is made to the court pursuant to this Agreement or relating to the marriage the court of England and Wales shall have jurisdiction at that time, and where the courts of one or more other legal jurisdiction shall also have jurisdiction the parties agree that they intend the courts of England and Wales to deal exclusively with such application.


10. 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.


11. Severability of clauses

The invalidity or unenforceability of any provision in this Agreement will not affect the validity nor enforceability of any other provision and any invalid or unenforceable provision will be severable.



EXECUTED AS A DEED


SIGNED AS A DEED
by



Signature....................................................

________



in the presence of



Signature....................................................

Name of Witness:....................................................

Address of Witness:....................................................

Occupation of Witness:....................................................



SIGNED AS A DEED by



Signature....................................................

________



in the presence of



Signature....................................................

Name of Witness:....................................................

Address of Witness:....................................................

Occupation of Witness:..................................................




CERTIFICATE OF ADVICE

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

I am a qualified solicitor of the Supreme Court of England and Wales.

Before ________ entered into the pre-marital agreement to which this certificate is annexed, I provided to her independent advice as to the following:

the effect of the agreement on their rights and entitlements;

whether, at the time my advice was given, it was to their advantage financially or otherwise to enter into the agreement;

whether it was prudent for them to enter into the agreement; and

whether in light of such circumstances as were reasonably foreseeable, the provisions of the agreement are fair and reasonable.




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

I am a qualified solicitor of the Supreme Court of England and Wales.

Before ________ entered into the pre-marital agreement to which this certificate is annexed, I provided to them independent advice as to the following:

the effect of the agreement on their rights and entitlements;

whether, at the time my advice was given, it was to their advantage financially or otherwise to enter into the agreement;

whether it was prudent for them to enter into the agreement; and

whether in light of such circumstances as were reasonably foreseeable, the provisions of the agreement are fair and reasonable.

SCHEDULE 1

________'s Private Property

SCHEDULE 2

________'s Private Property

SCHEDULE 3

________'s Means and Circumstances

SCHEDULE 4

________'s Means and Circumstances

See your document in progress

Pre-Nuptial Agreement

IMPORTANT:

This Agreement is a legally binding document. Please read it carefully and ensure that it includes everything you want and nothing you are not prepared to agree. If you are unsure of your obligations and responsibilities under this Agreement then you are advised to seek independent legal advice before signing.


THIS DEED
is made on ________



PARTIES


(1) ________ of:

________

(the "First Party")

(2) ________ of:

________

(the "Second Party")



THIS DEED PROVIDES:



1. Background

1.1 This Agreement is made in contemplation of and is conditional upon the intended marriage of ________ and ________ on ________ (the "marriage")

1.2 ________ and ________ wish to enter into a binding agreement, recording their wishes and intentions regarding their finances and property in the event their marriage breaks down and in the event of there being proceedings in the courts of England, Wales or any other jurisdiction for the dissolution or annulment of the marriage or for a decree of judicial separation or financial support of any kind or in relation to any of their property or assets.

1.3 ________ and ________ have each acquired all of their separate property as set out in Schedules 1 and 2 to this Agreement independently of and without any contribution from the other.

1.4 ________ and ________ wish to retain their own separate property, whether now owned or acquired later, free from any claim by the other by virtue of the marriage unless otherwise provided for by this Agreement or in a supplemental deed executed by both ________ and ________.

1.5 ________ and ________ intend that this Agreement shall be legally binding upon them and their heirs and personal representatives.

1.6 ________ and ________ have each received independent legal advice prior to the execution of this Agreement.

1.7 ________ and ________ are fully aware of the rights and responsibilities that he or she may be acquiring or surrendering as a consequence of entering into this Agreement and both have decided to enter into the agreement of their own free will.

1.8 ________ and ________ have fully and frankly disclosed to each other their means and relevant financial circumstances which are set out in summary form at Schedules 3 and 4 to this Agreement.

1.9 ________ and ________ acknowledge and agree that the terms of this Agreement are not intended to limit or oust the jurisdiction of the court to make orders in relation to the marriage.

1.10 ________ and ________ each acknowledge and agree that they have been advised that under the laws of England and Wales it is not possible as at the date of this Agreement to exclude the jurisdiction of the court to make orders pursuant to the Matrimonial Causes Act 1973 (as amended) and the terms of this Agreement do not necessarily reflect the manner in which a court might resolve their financial claims against each other in the event that their marriage is dissolved.

1.11 ________ and ________ intend that this Agreement shall bind their heirs, receivers, trustees and personal representatives.


2. Date of effect

This Agreement shall come into effect upon ________ and ________ 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 ________ and ________.


3. Assets

3.1 Nothing in this Agreement precludes the acquisition by the parties of assets in joint names, including real property.

3.2 Each party has interests in property, companies and other assets as set out in Schedules 1 and 2 and notwithstanding any contribution which either ________ or ________ may make directly or indirectly towards the purchase, maintenance or the improvement of those assets or any future assets purchased individually neither has, nor will, acquire a beneficial interest in the other's assets.


4. Provision on dissolution

4.1 The parties agree that in the event of dissolution or annulment of the marriage or the separation of the parties for a period in excess of 6 months:

a) all property in the separate absolute beneficial ownership of either party, whether pursuant to this Agreement or otherwise, shall remain in the respective absolute beneficial ownership of that party, free from any claim by the other;

b) all joint property shall be distributed between the parties in accordance with this Agreement;

c) In the event of the dissolution or annulment of the marriage or upon the death of either of them, neither party shall make any financial claim of any kind upon or upon the estate of the other.

d) The parties agree that the provisions of this Agreement relating to dissolution or annulment of the marriage will be incorporated, in so far as they may be relevant, into a consent order and the parties will make joint application to the court for approval of such order, and save as otherwise provided by either party expressly by will, such order will include appropriate dismissal of either party's claim against the estate of the other.


5. Bfbfa

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6. Provision on death

In the event of the death of either party the survivor will be entitled to the following:

a. 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.


7. Execution of wills

The parties agree to execute wills incorporating the terms of clause 6 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.


8. Variation or amendment

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

a) the birth or adoption of a child to or by the parties; or

b) the inability of ________ or ________ to work for medical reason for a period of more than 12 months; or

c) ________ or ________ involuntarily remaining unemployed for a period of 6 months or more; or

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

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.


9. Applicable law and jurisdiction

This Agreement shall be governed by and construed in accordance with the law of England and Wales and further, and in any event, if any application is made to the court pursuant to this Agreement or relating to the marriage the court of England and Wales shall have jurisdiction at that time, and where the courts of one or more other legal jurisdiction shall also have jurisdiction the parties agree that they intend the courts of England and Wales to deal exclusively with such application.


10. 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.


11. Severability of clauses

The invalidity or unenforceability of any provision in this Agreement will not affect the validity nor enforceability of any other provision and any invalid or unenforceable provision will be severable.



EXECUTED AS A DEED


SIGNED AS A DEED
by



Signature....................................................

________



in the presence of



Signature....................................................

Name of Witness:....................................................

Address of Witness:....................................................

Occupation of Witness:....................................................



SIGNED AS A DEED by



Signature....................................................

________



in the presence of



Signature....................................................

Name of Witness:....................................................

Address of Witness:....................................................

Occupation of Witness:..................................................




CERTIFICATE OF ADVICE

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

I am a qualified solicitor of the Supreme Court of England and Wales.

Before ________ entered into the pre-marital agreement to which this certificate is annexed, I provided to her independent advice as to the following:

the effect of the agreement on their rights and entitlements;

whether, at the time my advice was given, it was to their advantage financially or otherwise to enter into the agreement;

whether it was prudent for them to enter into the agreement; and

whether in light of such circumstances as were reasonably foreseeable, the provisions of the agreement are fair and reasonable.




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

I am a qualified solicitor of the Supreme Court of England and Wales.

Before ________ entered into the pre-marital agreement to which this certificate is annexed, I provided to them independent advice as to the following:

the effect of the agreement on their rights and entitlements;

whether, at the time my advice was given, it was to their advantage financially or otherwise to enter into the agreement;

whether it was prudent for them to enter into the agreement; and

whether in light of such circumstances as were reasonably foreseeable, the provisions of the agreement are fair and reasonable.

SCHEDULE 1

________'s Private Property

SCHEDULE 2

________'s Private Property

SCHEDULE 3

________'s Means and Circumstances

SCHEDULE 4

________'s Means and Circumstances