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Pre-Nuptial Terms

Here is a sample of terms contained in a pre-nuptial agreement. Note that these terms do not represent an exhaustive list - for further information, contact a representative under the heading "draft a pre-nuptial":

  • Date of Agreement
  • Name and Address of parties
  • Intention of parties to become married and estimated date of marriage
  • Information on children of previous marriage(s) and/or relationships
  • Statement from independent solicitor
  • Details of residence at beginning of marriage
  • Occupancy of marital home upon dissolution, divorce and death
  • Supporting documentation contained in appendix - it is critical that you retain documentary proof of assets, liabilities and other financial resources
  • Share of property brought into the marriage (% share, particular forms of property, parties retain their share etc)
  • Share of property bought post-marriage (% share)
  • Joint tenancy and tenancy in common of property
  • Subsequently discovered property (% share, penalty on non-disclosing spouse)
  • Gifts received during marriage (% share, parties retain gifts received)
  • Debts - responsibility of husband / wife for separate debts or percentage figure for the combined pool of debts
  • Expenses on sale of matrimonial home upon dissolution (stamp duty, real estate agent fees etc)
  • Option available to purchase the matrimonial home
  • Repair and renovation expenses
  • Share of income derived and expenses incurred on second residence / investment
  • Ownership division in business
  • Purchase obligation on spouse to buy out the other spouses' ownership of business
  • Duration of spousal maintenance
  • Option of modifying spousal support (for example more years married, spousal support increases)
  • Responsibilities of wife and/or husband