Infidelity Prenup Template for England and Wales

An infidelity prenup is a specialized prenuptial agreement that sets out specific financial consequences if either spouse commits adultery during your marriage. In England and Wales, these agreements have gained significant legal recognition following the Supreme Court's decision in Radmacher v Granatino, which established that properly executed prenuptial agreements should be given substantial weight by the courts.

When do you need this document?

You should consider an infidelity prenup if you're entering a marriage with significant assets, business interests, or inherited wealth that you want to protect. This document is particularly relevant if you or your partner have experienced infidelity in previous relationships and want clear consequences established upfront. High-profile individuals, business owners, and those with family wealth often use these agreements to provide certainty and avoid lengthy court battles. The agreement is also valuable if there's a significant disparity in your respective financial positions or if you want to protect children from previous relationships.

Key legal considerations

For your infidelity prenup to carry weight in English courts, you must both receive independent legal advice and provide full financial disclosure of all assets, debts, and income. The agreement must clearly define what constitutes infidelity, as this can vary from emotional affairs to physical relationships. You should ensure the financial consequences are proportionate and not punitive, as courts may set aside agreements they consider manifestly unfair. The document should also address how infidelity will be proven, whether through admission, evidence, or court findings. Remember that while courts will consider your agreement, they retain discretion to vary terms if circumstances have changed significantly since signing.

Legal requirements in England and Wales

Under the Matrimonial Causes Act 1973 and updated by the Divorce, Dissolution and Separation Act 2020, your infidelity prenup must meet strict procedural requirements to be enforceable. Both parties must sign the agreement at least 28 days before your wedding to demonstrate it wasn't signed under pressure. You must each obtain independent legal representation from qualified solicitors who will advise on the agreement's implications. Complete financial disclosure is mandatory, including all property, investments, pensions, and debts. The agreement should be regularly reviewed, particularly before major life changes like having children or significant changes in financial circumstances. Courts will also consider whether the agreement remains fair at the time of any divorce proceedings, taking into account factors such as the welfare of any children and both parties' financial needs.