Matrimonial Agreement Template for England and Wales

A matrimonial agreement is a legal contract that allows you to determine how your finances and property will be handled during your marriage and in the event of divorce. In England and Wales, these agreements have gained significant legal recognition following key court decisions, making them an essential tool for protecting your financial interests and providing certainty about your future.

When do you need this document?

You should consider a matrimonial agreement if you're entering a marriage with substantial assets, own property or a business, have children from a previous relationship, or expect to receive an inheritance. The agreement is particularly valuable when there's a significant disparity in wealth between you and your partner, or if you want to protect family assets that have been passed down through generations. Many couples also use these agreements to establish clear financial boundaries and responsibilities during the marriage, reducing potential conflicts over money matters.

Key legal considerations

Your matrimonial agreement must include complete financial disclosure from both parties, covering all assets, debts, income, and financial obligations. The agreement should clearly define how current and future property will be owned, whether jointly or separately, and establish provisions for spousal maintenance. It's crucial that both parties receive independent legal advice before signing, as this demonstrates the agreement was entered into freely and with full understanding. The terms must be fair and reasonable, particularly regarding any provisions that might leave one party in financial hardship. You should also include review mechanisms to ensure the agreement remains appropriate as your circumstances change over time.

Legal requirements in England and Wales

Under the Matrimonial Causes Act 1973, courts have discretion over financial settlements in divorce proceedings, but the Supreme Court's decision in Radmacher v Granatino established that properly executed matrimonial agreements should be given decisive weight. Your agreement must be signed as a deed with proper witnessing, and both parties must have received independent legal advice from qualified solicitors. The agreement should demonstrate that you entered into it freely, without pressure or duress, and with sufficient time to consider the implications. Courts will examine whether there has been full financial disclosure and whether the terms remain fair at the time of any divorce proceedings, particularly considering the welfare of any children involved.