Nuptial Agreements are increasingly common in England and Wales, particularly among high-net-worth individuals or those entering second marriages. The agreement can be created before marriage (prenuptial) or after marriage (postnuptial) and typically includes detailed financial disclosure, asset division plans, and provisions for future changes in circumstances. While historically not automatically binding in English courts, these agreements have gained significant weight following the 2010 Supreme Court decision in Radmacher v Granatino, provided they meet specific fairness and procedural requirements.
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1. Parties: Full details of both parties entering into the agreement
2. Background: Context of the agreement and relationship status
3. Definitions: Key terms used throughout the agreement
4. Financial Disclosure: Details of assets, liabilities, and income of both parties
5. Division of Property: How assets will be divided in case of separation
6. Governing Law: Specification of applicable law and jurisdiction
1. Future Property: Treatment of assets acquired after marriage, used when parties want to address future acquisitions
2. Inheritance Rights: Treatment of inherited assets, included when significant inheritance is expected
3. Business Interests: Protection of business assets, included when either party owns a business
4. Children Provisions: Arrangements for existing or future children, included when children are involved or planned
1. Schedule of Assets: Detailed list of current assets and their values
2. Schedule of Liabilities: Detailed list of current debts and obligations
3. Legal Advice Certificates: Signed certificates from both parties' legal advisors
4. Financial Disclosure Statements: Detailed financial information from both parties
5. Property Valuations: Professional valuations of significant assets
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