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💍 The Parties

⚠️ Important: This agreement should be signed at least 28 days before the wedding to demonstrate no pressure or duress. Ideally sign 3-6 months before for maximum enforceability.

📋 Background & Recitals

? Has either party been married before? This is relevant to asset protection and any obligations from previous marriages.
? Does either party have children from previous relationships? Courts prioritise children's welfare and may vary the agreement to protect their interests.

🏠 First Party's Pre-Marital Assets

List all significant assets owned by the first party before marriage. These will be ring-fenced as separate property.

💰 Second Party's Pre-Marital Assets

List all significant assets owned by the second party before marriage. These will be ring-fenced as separate property.

💷 Income & Employment

📊 Existing Liabilities

Include mortgages, loans, credit cards, etc.
Full disclosure of liabilities is essential. Non-disclosure may invalidate the agreement.

🛡️ Asset Protection Provisions

? How should property owned before marriage be treated on divorce? Ring-fencing keeps it with the original owner.
? How should inheritances received during marriage be treated? Most couples keep these ring-fenced.
? If either party owns a business, how should it be treated? Many entrepreneurs need full protection.
? Pensions are often the largest matrimonial asset. How should they be divided?
? How should gifts given between spouses during the marriage be treated on divorce?

🏡 Matrimonial Home

? How will the matrimonial home be owned? This affects division on divorce.

💸 Spousal Maintenance

? Will either party pay maintenance to the other on divorce? Courts may override if terms are unfair.
Note: Courts retain discretion to vary maintenance provisions if they would leave one party in financial hardship, particularly if there are children.

👶 Children Provisions

? Courts will ALWAYS prioritise children's welfare. This agreement cannot bind arrangements for children.
⚠️ Important: Any provisions relating to children are NOT binding. Courts will always make orders in the best interests of children regardless of what this agreement states.

🔄 Review & Variation

? How often should this agreement be reviewed? Regular reviews strengthen enforceability.
? What events should trigger a review of this agreement?

⚖️ Independent Legal Advice

⚠️ Critical: Both parties MUST receive independent legal advice from SEPARATE solicitors for maximum enforceability. Courts are much more likely to uphold agreements where this has occurred.

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