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, e-mail your pre-nuptial inquiries.

• 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