A Financial Agreement After Marriage (post-nuptial agreement) is used by married couples in England and Wales who wish to establish clarity regarding their financial arrangements during marriage and in case of future separation. This document becomes particularly relevant when there are significant assets, inherited wealth, or business interests to protect, or when circumstances have changed since marriage. The agreement must comply with strict requirements under English law, including full financial disclosure and independent legal advice for both parties. Unlike pre-nuptial agreements, these are made after marriage and typically carry more weight in English courts due to the MacLeod v MacLeod precedent.
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1. Parties: Details of both spouses entering into the agreement
2. Background: Circumstances leading to the agreement and marriage details
3. Definitions: Key terms used throughout the agreement
4. Financial Disclosure: Full disclosure of both parties' financial positions
5. Division of Assets: Agreement on how existing assets will be divided
6. Future Income: Arrangements regarding future earnings and income
7. Governing Law: Specification that agreement is governed by laws of England and Wales
1. Children's Provisions: Provisions relating to financial arrangements for children from the marriage
2. Business Interests: Provisions regarding the treatment of business assets and ongoing business interests
3. Inheritance Rights: Provisions regarding treatment of future inheritances and inherited assets
1. Schedule of Assets: Detailed list of all assets owned by both parties
2. Schedule of Liabilities: Detailed list of all debts and liabilities
3. Financial Disclosure Statements: Detailed financial statements from both parties including income, assets, and liabilities
4. Property Valuations: Professional valuations of significant assets including real estate and business interests
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