Marital Agreements
Marital Agreements is a comprehensive set of precedents for creating pre- and postnuptial agreements. The agreements are accompanied by footnotes which include helpful tips, explanations and legal backgrounds where relevant. The online version allows you to create and edit your agreements on our custom platform allowing you to select the clause you want, automatically populate it with the parties names and generate a final document in both pdf and word formats. There is also an option to buy a supporting printed guide.
What do these precedents do?
Used correctly, they should provide an all-encompassing agreement which addresses all matters the couple have agreed upon and which is binding and therefore enforceable as a contract.
How to use them
If you purchase the online version you will get access to Resolution’s ‘Agreements builder’ platform where individual clauses are provided to be modified on a bespoke basis for your clients, or for you to generate the entire precedents template to be tailored accordingly. Clients details can be input into the template to flow into the specific clauses. The printed guide reproduces the clauses with accompanying footnotes with helpful tips and legal background.
Contractually binding
Marital Agreements has been drafted so as to be binding. It is to be executed as a deed, witnessed and requires no consideration.
USE OF AGREEMENTS
The agreement includes a banner warning that the document creates legal obligations that determine rights in relation to the family home and other financial issues. It is important that parties do not sign an agreement unless they understand it and intend to be bound by its terms. Clients must be made aware of this, and for this reason Resolution does not advise that these Agreements are used or signed without seeking independent legal advice.
Contents include:
1. Heading
2. Definitions
3. Recital: Habitual residence/domicile/nationality
4. Recital: Prior marriage
5. Recital: [No intention to have children/Intention to have children]
6. Recital: Agreement made in contemplation or following marriage
7. Recital: Acknowledgement that would not have married/stayed married
8. Recital: Recording wishes and intentions
9. Recital: Separate acquisition of property
10. Recital: Independent acquisition of future property
11. Recital: Financial provision for children to be dealt with separately
12-13. Recitals: Independent legal advice
14. Recital: Payment of other party’s legal fees
15. Recital: No undue influence/entire agreement
16. Recital: Material disclosure provided
17. Recital: No further requests for information
18. Recital: Time for advice/reflection
19. Recital: Resolving claims on permanent separation
20. Recital: Provision being fair/just and reasonable and legally binding
21. Recital: No unfairness
22. Recital: Request for court to implement terms of agreement
23. Recital: Radmacher applying
24. Recital: Changes if agreements become enforceable
25. Recital: Terms being binding worldwide
26. Agreement: Timing of coming into force
27. Agreement: Confidentiality
28. Agreement: Separation of property
29. Agreement: No rights arising from marriage or other acts
30. Agreement: Control over property
31. Agreement: No liability for debts
32. Agreement: No claims for financial remedy
33. Agreement: Agreement to make a will
34. Agreement: No prohibition on lifetime gifts
35. Agreement: No claims on death
36. Agreement: Variation
37. Agreement: Severability
38. Agreement: Terms continue notwithstanding dissolution
39. Agreement: Applicable law
40. Agreement: Jurisdiction
41. Agreement: Mirror agreement
42. Agreement: Disputes
43. Agreement: Review
44. Agreement: Costs
45. Execution clause
46. Schedule 1: Financial provision
47. Schedule 2: Separate property
48. Schedule 3: Separate property
49. Schedule 4: Joint property
Relevant Statement of Party A
Relevant Statement of Party B
Solicitor’s Certificate of Independent Advice: Party A
Solicitor’s Certificate of Independent Advice: Party B