Marriage Financial Agreement for the United Kingdom

Marriage Financial Agreement Template for England and Wales

A Marriage Financial Agreement is a legally binding document under the laws of England and Wales that sets out how a couple's assets and financial responsibilities will be managed during marriage and divided in the event of divorce. Following the landmark Radmacher v Granatino case, these agreements carry significant weight when properly executed, with both parties receiving independent legal advice and making full financial disclosure.

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What is a Marriage Financial Agreement?

A Marriage Financial Agreement is a crucial document for couples in England and Wales who wish to establish clear financial arrangements before entering into marriage. The agreement typically includes comprehensive details about existing assets, future property, inheritance expectations, and financial responsibilities. Following the Supreme Court's decision in Radmacher v Granatino, these agreements are given substantial weight by courts when properly executed, provided they meet specific requirements including independent legal advice, full financial disclosure, and reasonable timing before the wedding. The agreement helps protect both parties' interests and provides clarity about financial arrangements during marriage and in the event of divorce.

What sections should be included in a Marriage Financial Agreement?

1. Parties: Details of both parties entering into the agreement

2. Background: Context of the agreement, including intended marriage date

3. Definitions: Key terms used throughout the agreement

4. Independent Legal Advice: Confirmation that both parties received independent legal advice

5. Financial Disclosure: Statement of full financial disclosure by both parties

6. Division of Assets: How existing assets will be treated during marriage

7. Future Property: Treatment of assets acquired during marriage

8. Execution: Signing provisions and witness requirements

What sections are optional to include in a Marriage Financial Agreement?

1. Inheritance Provisions: Used when specifically addressing inherited assets - recommended when either party expects significant inheritance

2. Business Assets: Protection of business interests - included when either party owns a business

3. Foreign Property: Treatment of overseas assets - required when parties own property in other jurisdictions

4. Review Clause: Provisions for reviewing agreement periodically - recommended for longer-term agreements or significant asset base

What schedules should be included in a Marriage Financial Agreement?

1. Schedule 1: Assets Schedule: Detailed list of each party's assets at time of agreement

2. Schedule 2: Liabilities Schedule: Detailed list of each party's liabilities

3. Appendix A: Certificates of Independent Legal Advice: Signed certificates from each party's legal advisor

4. Appendix B: Financial Disclosure Statements: Detailed financial statements from both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use

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