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Maternity Prenup Template for England and Wales

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Key Requirements PROMPT example:

Maternity Prenup

"I need a Maternity Prenup that addresses shared care arrangements and financial support for our child, with specific provisions for international travel as I'm British and my partner is Australian, to be effective from March 2025 when our baby is due."

Document background
A Maternity Prenup is designed for use by expectant parents who wish to establish clear arrangements regarding their future child before birth. This document, governed by English and Welsh law, covers essential aspects such as financial support, healthcare decisions, parental responsibilities, and childcare arrangements. While courts maintain discretion over enforcement, these agreements provide valuable structure and clarity for parents. The document must comply with current legislation including the Children Act 1989 and cannot override statutory obligations regarding child welfare. Independent legal advice is essential for both parties.
Suggested Sections

1. Parties: Details of the prospective parents entering into the agreement

2. Background: Context of the agreement and relationship status

3. Definitions: Key terms used throughout the agreement

4. Parental Responsibilities: Core obligations and duties of each parent

5. Financial Provisions: Basic financial arrangements for child support

6. Healthcare Arrangements: Medical decision-making and healthcare responsibilities

Optional Sections

1. Assisted Reproduction Provisions: Required if conception involves fertility treatment or surrogacy

2. International Travel Arrangements: Provisions for international travel with the child

3. Religious Upbringing: Agreements regarding religious education and practices

4. Educational Provisions: Specific arrangements for education choices and costs

Suggested Schedules

1. Schedule 1: Financial Disclosure: Detailed financial information from both parties

2. Schedule 2: Healthcare Plans: Detailed medical insurance and healthcare arrangements

3. Schedule 3: Support Calculations: Detailed breakdown of financial support calculations

4. Appendix A: Independent Legal Advice Certificates: Signed certificates confirming independent legal advice received

5. Appendix B: Medical Documentation: Relevant medical documentation if assisted reproduction is involved

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

Relevant legal definitions































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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Family Law Act 1996: Core framework legislation for family law matters in England and Wales, containing fundamental provisions relating to domestic proceedings

Matrimonial Causes Act 1973: Essential legislation for understanding court treatment of financial arrangements, particularly Section 25 factors for financial settlements

Children Act 1989: Primary legislation governing children's welfare, establishing the 'best interests of the child' principle and parental responsibility provisions

Human Fertilisation and Embryology Act 2008: Legislation covering assisted reproduction scenarios and legal parenthood provisions

Child Support Act 1991: Legislation establishing mandatory child maintenance obligations that cannot be contracted out of

Radmacher v Granatino [2010]: Landmark case establishing that prenuptial agreements are not automatically legally binding in England and Wales

Independent Legal Advice Requirement: Legal principle requiring both parties to receive independent legal advice for the prenup to be considered fair and valid

Full Financial Disclosure: Legal requirement for both parties to provide complete and honest disclosure of their financial situations

Timing Consideration: Legal principle requiring the agreement to be made well in advance of the birth to avoid claims of duress or undue pressure

Review Provisions: Legal requirement to include provisions for regular review of the agreement to maintain fairness and relevance

Child Welfare Paramountcy: Fundamental legal principle stating that child welfare is paramount and cannot be contracted away in any agreement

Public Policy Compliance: Legal requirement that any maternity prenup must comply with public policy and cannot contract out of statutory obligations

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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