A Matrimonial Agreement is a crucial document for couples in England and Wales who wish to establish clear financial arrangements either before or during their marriage. The agreement typically covers division of assets, maintenance provisions, property rights, and financial responsibilities. While historically such agreements were not enforceable in England and Wales, recent case law has established that courts will generally uphold them if they meet certain criteria: they must be freely entered into, with full financial disclosure, independent legal advice, and reasonable terms. The agreement should be regularly reviewed and updated to reflect changing circumstances.
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1. Parties: Full legal names and addresses of both parties
2. Background: Circumstances of marriage, intent of agreement, confirmation of independent legal advice
3. Definitions: Key terms used throughout the agreement
4. Financial Disclosure: Complete statement of both parties' assets, liabilities, and income
5. Division of Property: How current and future property will be owned and divided
6. Maintenance Provisions: Arrangements for spousal maintenance, if any
7. Review and Amendment: Provisions for periodic review and amendment of the agreement
8. Governing Law: Confirmation that the agreement is governed by laws of England and Wales
1. Children Provisions: Used when parties have or plan to have children - covers financial arrangements for children
2. Business Interests: Protection of business assets and income - used when either party owns or has interest in business ventures
3. Inheritance and Gifts: Treatment of inherited assets and significant gifts - used when parties expect significant inheritance or gifts
4. International Assets: Provisions for overseas property and assets - used when parties have assets in multiple jurisdictions
5. Retirement Provisions: Specific arrangements for pension and retirement benefits - used when parties have significant pension assets
1. Schedule of Assets: Detailed inventory of both parties' assets at time of agreement
2. Schedule of Liabilities: List of all debts and financial obligations
3. Certificate of Independent Legal Advice: Signed statements from both parties' lawyers confirming advice given
4. Financial Disclosure Statements: Detailed financial information including bank statements, valuations, and supporting documents
5. Schedule of Future Assets: List of expected future assets including inheritances and business interests
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