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Adultery Prenuptial Agreement Template for England and Wales

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Key Requirements PROMPT example:

Adultery Prenuptial Agreement

"I need an Adultery Prenuptial Agreement to protect my business assets and specify clear financial consequences in case of infidelity, with plans to marry in March 2025 and particular emphasis on protecting my technology startup company."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Matrimonial Causes Act 1973 - Section 25: Key legislation that outlines the factors courts must consider when making financial orders in divorce proceedings, including prenuptial agreements

Matrimonial Causes Act 1973 - Section 1(2)(a): Specific provision defining adultery as a ground for divorce under English and Welsh law

Law Reform (Marriage and Divorce) Act 1969: Contains provisions regarding the validity of agreements related to marriage, relevant for prenuptial agreement enforcement

Family Law Act 1996: Provides general provisions regarding family law and matrimonial proceedings that may affect prenuptial agreement interpretation

Civil Partnership Act 2004: While primarily focused on civil partnerships, contains relevant principles applicable to matrimonial agreements

Radmacher v Granatino [2010] UKSC 42: Supreme Court's leading case establishing that courts should give effect to prenuptial agreements if freely entered into, with specific conditions

28-Day Rule: Legal requirement that prenuptial agreements must be signed at least 28 days before marriage to be considered valid

Full Financial Disclosure: Legal requirement that both parties must provide complete and honest disclosure of their financial situations before entering into a prenuptial agreement

Fairness Principle: Legal requirement that terms of the prenuptial agreement must be fair and reasonable at the time of enforcement

Adultery Clause Limitations: Legal principle that while financial consequences of adultery can be included in prenuptial agreements, parties cannot contract out of their right to petition for divorce

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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