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Adultery Prenuptial Agreement Template for England and Wales

An Adultery Prenuptial Agreement is a legally constructed document under English and Welsh law that specifically addresses the financial and property implications of adultery within a marriage. While not automatically binding in England and Wales, following the Radmacher v Granatino precedent, courts will give effect to such agreements if they meet specific criteria including fairness, full disclosure, and independent legal advice. The agreement outlines specific consequences that would take effect if either party commits adultery during the marriage.

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What is a Adultery Prenuptial Agreement?

An Adultery Prenuptial Agreement is utilized when parties entering into marriage wish to establish clear financial consequences for infidelity. This specialized form of prenuptial agreement, governed by English and Welsh law, must be executed at least 28 days before marriage and requires both parties to receive independent legal advice. The agreement typically includes detailed financial disclosure, specific definitions of adultery, and predetermined consequences for breach. While courts retain discretion to vary terms, proper drafting and execution significantly increase the likelihood of enforcement.

What sections should be included in a Adultery Prenuptial Agreement?

1. Parties: Details and full legal names of both parties entering the prenuptial agreement

2. Background: Context of the agreement, including intended date of marriage

3. Definitions: Key terms used throughout the agreement, including definition of adultery

4. Financial Disclosure: Statement of both parties' assets and financial position at time of agreement

5. Independent Legal Advice: Confirmation that both parties have received independent legal counsel

6. Consequences of Adultery: Specific financial and property implications if adultery occurs

7. General Provisions: Standard contractual terms including governing law and jurisdiction

What sections are optional to include in a Adultery Prenuptial Agreement?

1. Property Rights: Specific provisions regarding property division when parties own significant property assets

2. Business Interests: Protection of business assets and interests when either party owns business interests

3. Children Provisions: Impact on children from previous relationships when either party has children from previous relationships

4. Sunset Clause: Time limit after which agreement expires or is modified, used when parties want agreement to evolve over time

What schedules should be included in a Adultery Prenuptial Agreement?

1. Schedule 1: Asset Schedule: Detailed list of each party's assets at time of agreement

2. Schedule 2: Property Schedule: Details of all properties owned by either party

3. Appendix A: Legal Advice Certificates: Signed certificates from legal advisors

4. Appendix B: Financial Disclosure Statements: Detailed financial statements from both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Divorce Agreement

Cost

Free to use

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