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This document can be used when two persons are entering into a marriage or civil partnership to try to keep each person's assets separate during marriage or civil partnership and protected against claims by the other person if divorce is to occur. It can be amended to take into account different categories of assets including high value purchases and the family home, and to provide for a wide range of circumstances.
If a marriage or civil partnership breaks down and either party makes a claim on the other's assets, the court may take this document into consideration in determining how each party intended to split assets following the event of divorce. Please note that this agreement should only be used where at least one of the persons is habitually resident in England and Wales.
How to use this document
Each party should receive a copy of the agreement well in advance of the intended marriage or civil partnership. It is recommended that the parties to the agreement receive independent legal and accountancy advice prior to signing the agreement. This ensures that both parties fully understand the agreement and its consequences, and in the event that there is a dispute regarding the reliability of the agreement, makes it more likely that the agreement will be effective.
Having taken advice both parties should complete the schedules attached to the agreement with a full list of assets owned at the date of the agreement, and a statement of financial means which should set out all sources of income and/or wealth of each party.
Then two copies of the document should be signed by each party together with any legal advisors, and each party should be provided with a signed copy. The signatures of each party shall also need to be witnessed.
Please note that if either party has assets which are not in the UK, it may be necessary to create agreements which mirror the terms of this agreement to ensure that any such assets are covered. Any such agreements, known as "mirror agreements" should be attached to this document when completed.
Moreover, if either of the parties live outside England and Wales, a further agreement may be required in that country.
Any applicable law
Matrimonial Causes Act 1973
Civil Partnership Act 2004
Administration of Estates Act 1925
Inheritance (Provision for Family and Dependants) Act 1975
Help from a lawyer
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