Release Of Marital Agreement for the United Kingdom

Release Of Marital Agreement Template for England and Wales

A Release of Marital Agreement is a legal document under English and Welsh law that terminates and releases parties from their obligations under a previous marital agreement, such as a prenuptial or postnuptial agreement. This document formally ends the binding nature of the original agreement and can modify or eliminate financial obligations, property arrangements, and other commitments established in the original agreement. It must comply with the requirements of the Matrimonial Causes Act 1973 and related family law legislation.

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What is a Release Of Marital Agreement?

A Release of Marital Agreement is utilized when parties wish to formally terminate their existing marital agreement in England and Wales. This document is particularly relevant when circumstances have significantly changed since the original agreement was made, or when parties mutually agree to abandon their previous arrangements. The release should be carefully drafted to ensure all necessary legal requirements are met, including proper consideration, independent legal advice, and full financial disclosure where relevant. It must comply with English family law principles and should clearly specify which obligations are being released and whether any provisions survive the release.

What sections should be included in a Release Of Marital Agreement?

1. Parties: Identification and details of both parties to the agreement

2. Background: Context of the original marital agreement and reasons for release

3. Definitions: Key terms used throughout the document

4. Release Provisions: Core terms releasing parties from obligations under the original agreement

5. Consideration: Details of any consideration provided for the release

6. Governing Law: Specification of applicable law and jurisdiction

What sections are optional to include in a Release Of Marital Agreement?

1. Surviving Obligations: Any obligations that will continue despite the release - use when certain provisions of the original agreement should remain in effect

2. Confidentiality: Provisions regarding confidentiality of the release and original agreement - use when parties wish to maintain privacy

3. Tax Implications: Statement regarding tax consequences - use when release has significant tax implications

What schedules should be included in a Release Of Marital Agreement?

1. Original Agreement: Copy of the marital agreement being released

2. Financial Disclosure: Current financial positions of parties if relevant to the release

3. Legal Advice Certificates: Confirmation that parties received independent legal advice

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 | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Release Agreement

Cost

Free to use
Industries

Matrimonial Causes Act 1973: Primary legislation governing divorce proceedings and financial settlements, providing courts with powers regarding financial provision and setting criteria for financial settlements

Family Law Act 1996: Framework legislation for family law matters including relevant sections on marital agreements

Civil Partnership Act 2004: Legislation governing civil partnerships and associated rights, which may be relevant depending on the parties involved

Matrimonial and Family Proceedings Act 1984: Additional statutory provisions regarding financial relief in matrimonial cases

Radmacher v Granatino [2010] UKSC 42: Leading case law precedent on the enforceability of prenuptial agreements and principles applicable to other marital agreements

Contract Law Principles: Basic contractual requirements including consideration, capacity, and intent to create legal relations that must be satisfied

Family Procedure Rules 2010: Procedural requirements and disclosure obligations for family law proceedings

Human Rights Act 1998: Relevant human rights considerations including Article 8 (right to respect for private and family life) and Article 1 of Protocol 1 (protection of property)

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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