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