A. Preliminary Information and Declarations
Date of Agreement: The date the document is signed (must be well in advance of the wedding/partnership ceremony).
Parties: Full legal names, dates of birth, addresses, and occupation of both individuals (“Party A” and “Party B”).
Intention to Marry/Enter Partnership: A formal statement of the upcoming marriage and the date and location of the planned ceremony.
Purpose of Agreement: A declaration that the parties intend for this agreement to govern the division of assets, income, and property upon separation, divorce, or dissolution, to the maximum extent permitted by UK law.
B. Financial Disclosure
This is a mandatory and critical section to ensure the agreement is valid. Both parties must attach and refer to formal schedules detailing their financial positions.
Full and Frank Disclosure Declaration: A statement confirming that both Party A and Party B have provided a full, fair, and accurate written disclosure of all their assets, liabilities, income, and resources.
Schedule of Assets (Party A): A detailed list of all current assets and liabilities brought into the marriage by Party A (e.g., property, bank accounts, pensions, investments, debts).
Schedule of Assets (Party B): A detailed list of all current assets and liabilities brought into the marriage by Party B.
C. Definitions of Property
Clear definitions prevent future disputes.
Separate Property (or Non-Matrimonial Property): Assets owned by either party before the marriage, or acquired during the marriage by inheritance or gift from a third party. The agreement will stipulate that this property remains the sole property of the original owner upon separation.
Marital Property (or Matrimonial Property): Assets acquired during the marriage through the parties’ joint efforts or income. The agreement will stipulate how this property will be divided.
The Marital Home: Specific provisions for the primary residence, including ownership, responsibility for mortgage payments, and what will happen to it upon separation.
D. Financial Arrangements on Separation
This is the core of the agreement, detailing the proposed division.
Division of Separate Property: Both parties waive any claim against the Separate Property of the other party.
Division of Marital Property: Proposed splitting of joint assets, usually an equal (50/50) split, but can be otherwise specified.
Pensions: Provisions for how pensions accrued during the marriage will be treated, often involving a specific sharing percentage or a waiver of all claims.
Debts: Stipulation of who is responsible for which debts upon separation.
Spousal Maintenance (Alimony): A clause stating whether either party shall pay spousal maintenance to the other, the proposed amount, and the duration. Often, the agreement will state that both parties waive all rights to future spousal maintenance, subject to a future court decision.
E. Provisions for Children
UK courts will always prioritise the welfare of any children, regardless of a pre-nuptial agreement.
Child Welfare: An acknowledgement that the court will have the final say on all matters concerning the children (residence, contact, and financial support).
Child Maintenance: A statement that financial support for the children will be determined either by the Child Maintenance Service (CMS) or by a court order, as this cannot be definitively agreed upon in a prenup.
F. Formalities to Ensure Enforceability
These clauses are essential for a UK court to uphold the agreement.
Independent Legal Advice (ILA): A statement that both Party A and Party B have been advised by their own, separate, independent solicitors before signing the agreement. The name and firm of each solicitor should be included.
Voluntary Consent: A declaration that both parties enter into the agreement freely, voluntarily, and without duress, coercion, or undue influence.
Court Review: An acknowledgement that the final terms are subject to the review and approval of the court, which must be satisfied that the agreement is fair at the time of the divorce/dissolution.
Governing Law: A statement that the agreement is governed by the laws of England and Wales.
G. Signatures and Witnessing
Signatures: Signatures of Party A and Party B.
Witnesses: Signatures and details of the witnesses (who must not be the other party’s solicitor).
Solicitor Certificates: A separate certificate from each party’s solicitor, confirming that they advised their client fully on the terms and implications of the agreement.
⚠️ Critical Legal Caveat
Timing: The agreement must be signed a minimum of 28 days before the wedding/partnership ceremony to ensure neither party can claim they signed under pressure.
Fairness: A court will not uphold an agreement if it leaves one party in a position of “undue hardship” or if their circumstances have changed significantly and unforeseenly (e.g., having children, one party giving up a career).
Legal Expertise: Do not sign this document without each of you having your own solicitor. The document’s enforceability relies on the lawyers’ certificates of independent advice and the completeness of the financial disclosure.